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					Dundee Township
ZONING
ORDINANC
E
Monroe County, Michigan
On The Cover....
Woodcut Print of Farm and Residence of M.W. and C.H. Bigelow
Section 25, Dundee Township
from the County Atlas of Monroe, Michigan
published by:
F.W. Beers and Company, New York, NY
-Circa 1876


Dundee Township
ZONING
ORDINANCE
Monroe County, Michigan
This Document prepared and published for the
Township of Dundee
Monroe County, Michigan
By the
Monroe County Planning Department
125 East Second Street
Monroe, Michigan 48161
February 1993
Revised April 1996
Revised April 1999
Revised March 2006
Telephone (734) 240-7375 Fax (734) 240-7385
Royce R. Maniko, AICP, Director
DUNDEE TOWNSHIP ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE
I TITLE
Section 1.1 1
II DEFINITIONS 1
III MAPPED DISTRICTS
Section 3.1 - Districts 17
Section 3.2 - Map 17
IV AMENDMENTS
Section 4.1 - Amendments 18
Section 4.2 - Application for Rezoning 18
Section 4.3 - Public Hearing and Review Procedures 19
Section 4.4 - Criteria for Amendment of the Official Zoning 21
Map (Rezoning)
Section 4.5 - Zoning Agreement 22
V GENERAL PROVISIONS
Section 5.1 - Conflicting Regulations 25
Section 5.2 - Scope 25
Section 5.3 - Streets, Alleys and Railroad Rights-of- way 25
Section 5.4 - Permitted Uses 25
Section 5.5 - Permitted Area 25
Section 5.6 - Permitted Height 25
Section 5.7 - Zoning Lot 26
Section 5.8 - Lot Area, Yards, and Open Space Requirements 26
Section 5.9 - Projections into Yards 26
Section 5.10 - Use of Yard Spaces and Other Open Areas for 26
Storage
Section 5.11 - Street Access 26
Section 5.12 - Visibility 26
Section 5.13 - Dwellings in Non-Residential Districts 27
Section 5.14 - One Single Family Structure Per Lot 27
Section 5.15 - Accessory Buildings 27
Section 5.16 - Parking and Storage of Campers, Travel Trailers 28
and Boats
Section 5.17 - Automobile Service Stations and Public Garages 28
Section 5.18 - Drive-In Establishments 30
Section 5.19 - Building Grades 31
Section 5.20 - Temporary Buildings and Uses 31
Section 5.21 - Sewage Disposal 32
Section 5.22 - Outside Privies 32
Section 5.23 - Storage: Dumping of Waste, Junk, Garbage, Etc. 32
Section 5.24 - Restoring Unsafe Buildings 32
Section 5.25 - Construction Begun Prior to Adoption of
Ordinance 32
Section 5.26 - Voting Places 33
Section 5.27 - Approval of Plats 33
Section 5.28 - Essential Services 33
(Ord. 1B-6, eff. 2-90) Section 5.29 - Commercial Radio, Television Towers 33
Section 5.30 - Open Air Business Uses 33
(Ord. 11-02) Section 5.31 - Exterior Lighting 34
(Ord. 11-02) Section 5.32 - Landscaping 34
Section 5.33 - Fences, Walls and Other Protective Barriers 40
Section 5.34 - Outdoor Trash Containers 40
Section 5.35 - Private Swimming Pools 41
Section 5.36 - Stables 41
(Ord. 1B-7, eff. 6-23-92) Section 5.37 - Ponds 42
(Ord. 23, eff. 7-25-96) Section 5.38 - Regulated Land Uses 43
(Ord. 9-98) Section 5.39 - Wireless Telecommunication Facilities 46
and Wireless Telecommunication Antennae
(Ord. 3-04-01 eff. 3-23-04) Section 5.40 - Uses Not Otherwise Included Within a District   50
(Ord 3-04-01 eff. 3/23/04) Section 5.41 - Parking of Semi-Trucks and Construction 51
Equipment on Agricultural and/or
Residential Lots
(Ord 3-04-01 eff. 3/23/04) Section 5.42 - Garage Sales 52
VI NON-CONFORMING USES AND BUILDINGS
Section 6.1 - Non-Conformance Regulated 53
Section 6.2 - Non-Conforming Uses of Land 53
Section 6.3 - Non-Conforming Uses of Structures 53
Section 6.4 - Non-Conforming Structures 54
Section 6.5 - Non-Conforming Lots of Record 54
Section 6.6 - Repairs and Maintenance 54
Section 6.7 - Reconstruction of Damaged Non-Conforming
Buildings and Structures 54
VII AG-1 AND AG-2, AGRICULTURAL DISTRICTS
Section 7.1 - Statement of Purpose 56
Section 7.2 - Principal Permitted Uses 56
Section 7.3 - Permitted Uses After Special Approval 57
Section 7.4 - Area, Height, Bulk and Placement
Requirements 59
VIII R1A, R1B AND R1C, SINGLE FAMILY RESIDENTIAL DISTRICTS
(Ord. 1B, eff. 6-23-92)
Section 8.1 - Statement of Purpose 60
Section 8.2 - Principal Permitted Uses 60
Section 8.3 - Permitted Uses After Special Approval 60
Section 8.4 - Area, Height, Bulk and Placement
Requirements 61
IX RE, RURAL ESTATE RESIDENTIAL DISTRICT
Section 9.1 - Statement of Purpose 62
Section 9.2 - Principal Permitted Uses 62
Section 9.3 - Permitted Uses After Special Approval 62
Section 9.4 - Area, Height, Bulk and Placement
Requirements 64
X RM, MULTIPLE FAMILY RESIDENTIAL DISTRICT
Section 10.1 - Statement of Purpose 65
Section 10.2 - Principal Permitted Uses 65
Section 10.3 - Area, Height, Bulk and Placement
Requirements 66
ARTICLE DESCRIPTION PAGE
ARTICLE DESCRIPTION PAGE
XI C, COMMERCIAL DISTRICT
Section 11.1 - State of Purpose 67
Section 11.2 - Principal Permitted Uses 67
Section 11.3 - Permitted Uses After Special Approval 68
Section 11.4 - Site Plan Review 70
Section 11.5 - Area, Height, Bulk and Placement
Requirements 70
(Ord. 11-02) Section 11.6 - Commercial Design Standards 70
XII I, INDUSTRIAL DISTRICT
Section 12.1 - Statement of Purpose 72
Section 12.2 - Principal Permitted Uses 72
Section 12.3 - Permitted Uses After Special Approval 73
Section 12.4 - Compliance with County and State
Regulations 75
Section 12.5 - Site Plan Review 75
Section 12.6 - Area, Height, Bulk and Placement
Requirements 75
(Ord. 11-02) Section 12.7 - Industrial Design Standards 75
XII-A PID, PLANNED INDUSTRIAL DISTRICT (Ord. 4-01)
Section 12A.1 - Statement of Purpose 76
Section 12A.2 - Qualifying Conditions 76
Section 12A.3 - Uses Permitted 77
Section 12A.4 - Design Standards 77
Section 12A.5 - Application and Review Procedure 79
Section 12A.6 - Approval Standards 81
XIII FP, FLOOD PLAIN DISTRICT
Section 13.1 - Statement of Purpose 82
Section 13.2 - Rules and Regulations for Management of
the Flood Plain District 82
Section 13.3 - Principal Uses Permitted 85
Section 13.4 - Uses Permitted on Special Approval 85
Section 13.5 - Uses Prohibited 86
Section 13.6 - Site Plan Review 86
XIII-A PUD, PLANNED UNIT DEVELOPMENT DISTRICT
Section 13A.1 - Statement of Purpose 87
Section 13A.2 - Qualifying Conditions 87
Section 13A.3 - Uses Permitted 88
Section 13A.4 - Design Standards 89
Section 13A.5 - Application and Review Procedures 91
Section 13A.6 - Approval Standards 93
XIV SCHEDULE OF REGULATIONS (amended 11-02)
Limiting Height and Bulk of Buildings and Area by Land Use 96
Section 14.2 - Footnotes to Table 97
XV STANDARDS FOR SPECIAL APPROVAL USES
Section 15.1 - Statement of Purpose 99
Section 15.2 - Special Approval Procedures 99
Section 15.3 - Special Approval Standards 100
XV-A OPEN SPACE CLUSTER DEVELOPMENT OPTION
Section 15A.01 - Intent 101
Section 15A.02 - Eligibility Criteria 101
Section 15A.03 - Dwelling Density 102
Section 15A.04 - Area and Bulk Regulations 103
Section 15A.05 - Open Space Requirements 103
Section 15A.06 - Natural Features 106
Section 15A.07 - Landscaping 106
Section 15A.08 - Design Standards 106
Section 15A.09 - Agreement 107
Section 15A.10 - Approval Process 107
XVI SITE PLAN REVIEW
Section 16.1 - Site Plan Review Procedures 109
Section 16.2 - Site Plan Criteria 109
Section 16.3 - Submittal 110
Section 16.4 - Review Process 110
Section 16.5 - Revocation 112
Section 16.6 - Appeals 112
XVII MOBILE HOME PARK REGULATIONS
Section 17.1 - General Requirements 113
Section 17.2 - Mobile Home Site Regulations 114
Section 17.3 - Utilities 115
Section 17.4 - Access and Parking 115
Section 17.5 - Storage Areas 116
Section 17.6 - Procedures and Permits 116
XVII-A MOBILE HOMES LOCATED OUTSIDE OF MOBILE HOME PARKS
(Ord. 1B-1)
Section 17A.1 - Mobile Home General Requirements 117
Section 17A.2 - Aesthetic Compatibility 117
Section 17A.3 - Mobile Home Definition 118
Section 17A.4 - Certificate of Occupancy 118
XVIII EXTRACTIVE OPERATIONS REGULATIONS
Section 18.1 - Extraction Operations 119
Section 18.2 - Removal of Soil, Sand or Other Material 124
XIX SIGNS (Ord. 5-02)
Section 19.1 - Intent 126
Section 19.2 - Scope of Requirements 126
Section 19.3 - Definitions 126
Section 19.4 - General Provision 129
Section 19.4A - Exempt Signs 129
Section 19.4B - Prohibited Signs 131
Section 19.5 - General Standards for Permitted Signs 132
Section 19.5A - Sight Distance 132
Section 19.5B - Design and Construction Standards 132
Section 19.5C - Illumination 133
Section 19.5D - Measurement 133
Section 19.6 - Temporary Real Estate Signs 134
Section 19.7 - Specific Sign Standards 134
Section 19.8 - Building Permit 137
ARTICLE DESCRIPTION PAGE
ARTICLE DESCRIPTION PAGE
XX OFF-STREET PARKING AND LOADING REQUIREMENTS
Section 20.1 - Required Off-Street Parking General 138
Section 20.2 - Table of Off-Street Parking 139
Section 20.3 - Off-Street Parking Lot Layout, Construction
and Maintenance 142
Section 20.4 - Off Street Loading and Unloading 143
Section 20.5 - Driveways and Access Management 144
XXI ADMINISTRATION AND ENFORECEMNT
Section 21.1 - Enforcement 148
Section 21.2 - Duties of Building Inspector 148
Section 21.3 - Building Permits 149
Section 21.4 - Certificates of Occupancy 150
Section 21.5 - Fees 150
Section 21.6 - Zoning Compliance Permits (Ord. 4-03) 150
Section 21.7 Public Hearings
XXII BOARD OF ZONING APPEALS
Section 22.1 - Creation of Board of Zoning Appeals 152
Section 22.2 - Board Membership 152
Section 22.3 - Meetings 152
Section 22.4 - Appeals 152
Section 22.5 - Notice of Hearings 153
Section 22.6 - Powers of Board of Zoning Appeals 153
Section 22.7 - Board of Zoning Appeals Approval 156
Section 22.8 - Approval Period 156
Section 22.9 - Filing Fee 156
Section 22.10 - Effective Date of Action 156
XXIII INTERPRETATION AND APPLICATION
Section 23.1 - Interpretation, Purpose and Conflict 157
XXIV VIOLATIONS AND PENALITIES
Section 24.1 - Violations and Penalties 157
XXV EFFECTIVE DATE 158
HISTORY OF THE ORDINANCE 158
DUNDEE TOWNSHIP ZONING MAP 159
1
ARTICLE I
SECTION 1.1
This zoning ordinance shall be known and may be cited as the ―Zoning Ordinance of
the Township of Dundee‖.
ARTICLE II
DEFINITIONS
For the purpose of this Ordinance, certain terms, words, and phrases shall, whenever
used in this Ordinance, have the meanings herewith defined as follows:
All words used in the present tense shall include the future; all words in the singular
number include the plural number and all words in the plural number include the
singular number; and the word ―building‖ includes the word ―structure‖ and ―dwelling‖
includes ―residence‖, and the word ―person‖ includes ―corporation‖, ―co-partnership‖,
―association‖, as well as an ―individual‖ the word ―shall‖ is mandatory and not
directory.
Terms not herein defined shall have the meaning customarily assigned to them.
ACCESSORY BUILDING: A subordinate building, the use of which is clearly
incidental
and subordinate to that of the main building or to the use of the land.
ACCESSORY USE: A use of land or a portion of the building customarily incidental
and subordinate to the actual principal use of the land or building and located on
the same parcel of property with such principal use.
ADULT ENTERTAINMENT FACILITIES: Facilities, which exclude minors by
virtue of age and further defined as follows: (Ord. 23, eff. July 25, 1996)
a. Adult Bookstore or video store: An establishment having as a substantial or significant
portion of its stock in trade devoted to the sale, barter, or rental of books, magazines,
other periodicals, posters, films, video tapes, video discs, or other media, whether
printed or electronic, which are distinguished or characterized by their emphasis
on matter depicting or relating to specified sexual activities or specified anatomical
areas.(amended effective December 6, 2006)
b. Adult Cabaret: An establishment, which features one or more topless dancers,
go-go dancers, exotic dancers, strippers, male or female impersonators, or similar
entertainers.
c. Adult Motion Picture Theater: An establishment used for presenting to others
motion picture films, video cassettes, cable television or other visual media,
distinguished or characterized by their emphasis on matter depicting or relating
to specified sexual activities or specified anatomical areas, for observation by
patrons therein.
d. Adult Motel: A motel which presents materials distinguished or characterized
by their emphasis on matter depicting or relating to specified sexual activities or
specified anatomical areas, for the entertainment of its patrons.
2
e. Adult Personal Service Business: A business whose activities include a person
or persons, while nude or displaying specified anatomical areas, providing
personal services to another person or persons. It includes, but is not limited to,
the following activities and services: modeling studios, photographic studios,
wrestling studios, theatrical performances, tattoo studios, body painting studios,
and massage studios.

Adult Care Facilities: A facility for the care of adults, over eighteen (18) years of age,
as licensed and regulated by the State under Michigan Public Act 218 of 1979, and rules
promulgated by the State Department of Social Services. Such organizations includes
governmental or nongovernmental establishment that provide foster care to adults. It
includes facilities and foster care homes for adults who are aged, mentally ill,
developmentally disabled or physically handicapped who require supervision on an
ongoing basis, but who do not require continuous nursing care. An adult foster care
facility does not include nursing homes, homes for the aged, hospitals, alcohol or
substance abuse rehabilitation center, or a residential center for persons released from or
assigned to a correctional facility. Such facilities shall be further defined as follows:
(effective December 6, 2006)


    a.         Adult foster care family home: means a private home with the approved
               capacity to receive six (6) or fewer adults to be provided with foster care for
               five (5) or more days a week and for tow (2) or more consecutive weeks. The
               adult foster care family home licensee must be a member of the household and
               an occupant of the residence.(effective December 6, 2006)

    b.       Adult foster care small group home: means a private home with the
             approved capacity 12 or fewer adults who are provided supervision personal
             care and protection in addition to room and board, for 24 hours a day, five (5)
             or more days a week, and for two (2) or more consecutive weeks for
             compensation.(effective December 6, 2006)
AGRICULTURE: The use of land for the raising of field or tree crops or animal or
poultry husbandry as a principal means of livelihood.
AIRPORTS: Private and Public.
ALLEY: Any dedicated public way offering a secondary means of vehicular access to
abutting property, and not intended for general traffic circulation.
ALTERATIONS: Any change, addition or modification in construction or type of
occupancy; any change in the structural members of a building, such as walls,
partitions, columns, beams, girders; any substantial changes in the roof or exterior
walls; any change in the location of a building; or any change which may be referred
to herein as ―altered‖ or ―reconstructed‖.
ALTERNATIVE TOWER STRUCTURE: Clock towers, bell steeples, light poles,
electric
power transmission towers, and other similar mounting structures that support
and/or camouflage the presence of wireless telecommunication facilities.
APARTMENT: A room or suite of rooms used as a dwelling for one family which
does its cooking within.
APARTMENT HOUSE: A residential structure containing three (3) or more attached
apartments.
ARCHITECTURAL FEATURES: Architectural features of a building shall include
cornices, eaves, gutters, belt courses, sill, lintels, bay windows, chimney and
decorative ornaments.
AUTOMOBILE REPAIR: General repair, engine rebuilding, rebuilding or
reconditioning of motor vehicles; collision service, such as body, frame or fender
straightening and repair, overall painting, vehicle rust-proofing and any related
activities (transmission repair).
AUTOMOBILE SERVICE STATIONS: A place where gasoline, or any other
automobile
engine fuel, (stored only in underground tanks), kerosene, or motor oil and lubricants
or grease (for operation of motor vehicles), are retailed directly to the public on the
premises; including the sale of minor accessories and services for motor vehicles,
but not including bumping, painting, or rust-proofing.
AUTOMOBILE WASH ESTABLISHMENTS: A building, or portion thereof, the
primary
purpose of which is that of washing motor vehicles.
BASEMENT: That portion of a building which is partially or wholly below grade but
so located that the vertical distance from the grade to the floor is greater than the
vertical distance from the grade to the ceiling. A basement will not be counted as a
story, except in the instance of a split-level dwelling unit.
BEDROOM: A room in a dwelling unit for or intended to be used solely for sleeping
purposes by human beings.
3
BILLBOARD: Any construction or portion thereof upon which a sign or advertisement
used as an outdoor display for the purpose of making anything known to the general
public. This definition does not include any bulletin boards used to display official
court or public office notices.
BLOCK: The property abutting one (1) side of a street and lying between the two (2)
nearest intersecting streets, or between the nearest such street and railroad rightof-
way, unsubdivided acreage, river or live stream; or between any of the foregoing
and any other barrier to the continuity of development.
BOARD OF ZONING APPEALS: The words ―Board of Appeals‖ shall mean the
Board
of Zoning Appeals for the Township of Dundee.
BOARDING HOUSE: A dwelling where meals or lodging and meals are provided for
compensation to four (4) or more persons by prearrangement for definite periods of
not less than one (1) week. A boarding house is to be distinguished from a hotel,
motel, or a convalescent or nursing home.
BUILDING: An independent structure having a roof supported by columns or walls
intended and/or used for shelter or enclosure of persons or chattels. When any
portion thereof is completely separated from every other part by division walls from
the ground up, and without openings, each portion of such building shall be deemed
a separate building. This refers to both temporary and permanent structures and
includes tents, sheds, garages, stables, greenhouses, or other accessory structures.
BUILDING AREA: The buildable area of a lot is the space remaining after the
minimum open space requirements of this Ordinance have been complied with.
BUILDING INSPECTOR: This term shall refer to the Building Inspector of the
Township of Dundee, or his authorized representatives.
BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal
use of the lot upon which it is situated.
BUILDING PERMITS: A building permit is the written authority issued by the
Building
Inspector of the Township of Dundee permitting the construction, removal, repair,
moving, alteration or use of a building in conformity with the provisions of this
Ordinance.
BUILDING SETBACK LINES: The line which pertains to and defines those minimum
(building) setback lines which are established parallel to the front street or right-of way
line and within which setback area no part of a building shall project or be
located, except as otherwise provided for by this Ordinance. Such line when adjacent
to a building is normally formed by the junction of the outer surface of the building
or enclosure wall with the finish grade or surface of the adjoining ground.
Child Care Facility: A facility for the care of children under eighteen (18) years of age,
as licensed and regulated by the State under Michigan Public Act 116 of 1973 and the
associated rules promulgated by the State Department of Social Services. Such facilities
shall be further defined as follows(effective December 6, 2006)

a.         Foster family home: A private home in which one (1) but no more than four
           (4) minor children, who are not related to an adult member of the household
            by blood, marriage, or adoption, are given care and supervision for 24 hours a
            day, for four (4) or more days a week, for two (2) or more consecutive weeks,
             unattended by parent or legal guardian.(effective December 6, 2006)

b.          Family day care home: A private home in which up to six (6) minor
            children received for care and supervision for periods of less than than 24
            hours a day, including children related to the caregiver by blood, marriage or
            adoption. It includes a home that gives care to an urelated child for more
            than four (4) weeks during a calendar year. (effective December 6, 2006)

     c.    Group day care home: A private home in which seven (7) to twelve (12)
           children are given care and supervision for periods of less than 24 hours a day
           unattended by a parent or legal guardian, including children related to the
           caregiver. It includes a home that gives care to an unrelated child for more
           than four weeks during a calendar year. (effective December 6, 2006)

     d.    Nursery schools, day nurseries, child care centers: A facility, other than a
           Private residence, receiving more than six pre-school or school age children
           For group care for periods of less than 24 hours a day, and where the parents
           or guardians are not immediately available to the child. The facility is
           generally described as a child care center, day care center, day nursery,
           nursery school, parent cooperative preschool, play group, or drop-in center.
           ―Child care center‖ or ―day care center‖ does not include a Sunday school
           conducted by a religious organization where children are cared for during
           short periods of time while persons responsible for such children are
           attending religious services. (effective December 6, 2006)

CLINIC: A building or group of buildings where human patients are admitted, but
not lodged overnight, for examination and treatment by more than one (1) professional,
such as physicians, dentists, or the like.
CLUSTER SUBDIVISION: A subdivision of single-family structures arranged in
closely related groups wherein the developer is allowed to reduce the minimum lot
size requirements below the minimum permitted in the zoning district in which the
subdivision is located, if the land thereby gained is preserved as permanent open
space.
CO-LOCATION: The use of a wireless telecommunication tower by more than one
wireless telecommunication provider.
COMMERCIAL USE: A commercial use related to the use of property in connection
with the sale, purchase, barter, display or exchange of goods, ware, merchandise or
personal services or the maintenance of offices or recreational or amusement
enterprises, or garage, basement sales or flea markets conducted on residential
premises for more than six (6) calendar days during a given one (1) year period.
COMMISSION: This term, and the term ―Planning Commission‖, shall mean the
Township of Dundee Planning Commission.
CONVALESCENT OR NURSING HOME: A convalescent home or nursing home is a
home for the care of children or the aged or the infirm, or a place of rest for those
suffering bodily disorders, wherein three (3) or more persons are cared for. Said
home shall also conform to, and qualify for license under applicable State laws, even
though State law may provide for different size regulations.
DENSITY: The number of dwelling units developed on an acre of land.
DISTRICT: A portion of the Township within which certain uses of land and/or
buildings are permitted and within which certain regulations and requirements apply
under the provisions of this Ordinance.
DRIVE-IN: A business establishment so developed that its retail or service character
is dependent on providing a driveway approach or parking spaces for motor vehicles
so as to serve patrons while in the motor vehicle rather than within a building or
structure.
DWELLING UNIT: A dwelling unit is any house or building or portion thereof having
cooking facilities, which is occupied wholly as the home, residence of sleeping place
of one (1) family, either permanently or transiently, but in no case shall a trailer
coach, automobile chassis, tent or portable building be considered a dwelling. In
case of mixed occupancy, where a building is occupied in part as a dwelling unit, the
part so occupied shall be deemed a dwelling unit for the purpose of this Ordinance
and shall comply with the provisions thereof relative to dwellings.
5
DWELLING, MULTIPLE: A multiple dwelling is a building used for and as a
residence
for three (3) or more families living independently of each other and each having
their own cooking facilities therein, including apartment houses, townhouses, and
apartment hotels, but not including mobile homes.
DWELLING, ONE-FAMILY: A detached building occupied by one (1) family and so
designed and arranged as to provide living, cooking and kitchen accommodations
for one (1) family only. Also known as a single-family dwelling.
DWELLING, ROW, TERRACE, OR TOWNHOUSE: A row of three or more
attached
one-family dwellings, not more than two and one half (2 1/2) stories in height, in
which each dwelling has its own front entrance and rear entrance.
DWELLING, TWO-FAMILY: A detached two-family dwelling is that occupied by two
(2) families, each provided with separate facilities for each family for living
accommodations. Also known as a duplex dwelling.
EFFICIENCY UNIT: An efficiency unit is a dwelling unit consisting of one (1) room,
exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the
principal room providing not less than three hundred and fifty (350) square feet of
floor area.
ERECTED: The word ―erected‖ includes built, constructed, altered, reconstructed,
moved upon, or any physical operations on the premises required for the building.
Excavations, fill, drainage, and the like, shall be considered as part of erection.
ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by
public utilities or municipal departments of underground, surface or overhead gas,
electrical, steam, fuel or water transmission or distribution systems, collections,
supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar
accessories in connection with, but not including buildings, which are necessary for
the furnishing of adequate service by such utilities or municipal departments for the
general public health, safety and welfare. Wireless telecommunications facilities
and antenna are not included in this definition.
FAMILY: One person, or a group of two or more persons living together and
interrelated by bonds of consanguinity, marriage or legal adoption occupying the
whole or part of a dwelling as a separate housekeeping unit with a common and a
single set of culinary facilities. The persons thus constituting a family may also
include foster children, gratuitous guests and domestic servants.
FARM: All of the contiguous neighboring or associated land operated as a single
unit on which bonafide farming is carried on directly by the owner-operated, manager
or tenant farmer, by his own labor or with the assistance of members of his household
or hired employees; provided, however, that land to be considered a farm hereunder
shall include a continuous parcel of ten (10) or more acres in area; provided further,
farms may be considered as including establishments operated as bonafide
greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries,
but establishments keeping or operating commercial dog kennels, stone quarries or
gravel or sand pits shall not be considered a farm hereunder unless combined with
bonafide farm operations on the same continuous tract of land of not less than forty
(40) acres.
FARM BUILDINGS: Any building or structure other than a dwelling, moved upon,
maintained, used or built on a farm which is essential and customarily used on
farms of that type for the pursuit of their agricultural activities.
6
FILLING: Shall mean the depositing or dumping of any matter onto, or into the
ground, except common household gardening and general farm care.
FLOOD: Flood shall mean an overflow of water onto lands, not normally covered by
water, that are used or usable by man. Floods have two essential characteristics:
The inundation of land is temporary, and the land is adjacent to and inundated by
overflow from a watercourse, or lake, or other body of standing water.
FLOOD BOUNDARY AND FLOODWAY MAP: That map or maps prepared by the
U.S. Department of Housing and Urban Development, which indicate the location of
the Floodway and Floodway Fringes within the Township, a copy of which is available
for examination at the Office of the Building Official of the Township of Dundee.
FLOOD INSURANCE RATE MAP: The map or maps prepared by the US.
Department
of Housing and Urban Development, which classifies the Floodplain into various
zones for the purpose of determining flood insurance rates within the Township, a
copy of which is available for examination at the Office of the Building Official of the
Township of Dundee.
FLOOD—100 YEAR: A one-hundred year (100 year) flood shall mean a flood having
an average frequency of occurrence in the order of once in one hundred (100) years,
although the flood may occur in any year.
FLOOD PLAIN: Flood plain shall mean the relatively flat area or low lands adjoining
the channel or watercourse or a body of standing water, which has been or may be
covered by floodwater.
FLOODPROOFING: Any combination of structural or non-structural additions,
changes or adjustments to structures which reduce or eliminate flood damage to
real estate or real property, water and sanitary facilities, structures and their contents.
FLOODWAY: Floodway shall mean the channel of any watercourse and those portions
of the flood plain adjoining the channel, which are reasonably required to carry and
discharge, flood water.
FLOOD AREA, GROSS: The sum of the gross horizontal areas of the several floors
of the building measured from the exterior faces of the exterior walls or from the
center line of walls separating two (2) buildings. The ―floor area‖ of the building shall
include the basement floor area when more than one-half (1/2) of the basement
height is above the established curb level or finished lot grade, whichever is higher
(see basement definition). Any space devoted to off-street parking or loading shall
not be included in ―floor area‖. Areas of basements, utility rooms, breezeways,
unfinished attics, porches (enclosed or unenclosed) or attached garages are not
included.
FLOOR AREA, USABLE: The measurement of usable floor area shall include that
portion of the floor area, measured from the interior face of the exterior walls, used
for or intended to be used for services to the public or customers, patrons, clients, or
patients; including areas occupied by fixtures or equipment used for display or sale
of goods or merchandise, utility or mechanical equipment rooms, or sanitary facilities.
In the case of a half-story, the usable floor area shall be considered to be only that
portion having a clear height above it of five (5) feet or more.
GARAGE, COMMUNITY: A community garage is a space or structure or series of
structures for the storage of motor vehicles having no public shop or service operated
in connection therewith, for the use of two (2) or more owners or occupants of property
in the vicinity.
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GARAGE, PRIVATE: A space or structure suitable for the storage of motor vehicles
having no public shop or service in connection therewith, for the use solely of the
owner or occupant of the principal building on a lot, or his family or domestic
employees, and with a capacity of not more than three (3) vehicles, only one (1) of
which may be a commercial vehicle with not more than a two and one-half (2 1/2)
ton capacity.
GARAGE, PUBLIC: A space or structure other than a private garage for the storage,
care, repair, or refinishing of motor vehicles; provided, however, that a structure or
room used solely for the display and sale of such vehicles in which they are not
operated under their own power, and in connection with which there is no repair,
maintenance or refinishing service or storage of vehicles other than those displayed,
shall not be considered as a public garage for the purpose of this Ordinance.
GARBAGE: The word ―garbage‖ shall be held to include every refuse, accumulation
of all waste, animal, fish, fowl, fruit or vegetable matter incident to the preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, including
spoiled food, dead animals, animal manure and fowl manure.
GRADE: Grade is the highest point of ground contacting a portion of the base or
foundation of a dwelling at least eight (8) inches above the center line of road.
GREENBELT: A strip of land, which is planted with trees or shrubs acceptable in
species and caliber to the Planning Commission.
HOME OCCUPATION: Any occupation conducted within a dwelling unit and carried
on by the inhabitants thereof, which use is clearly incidental and secondary to the
use of the dwelling for dwelling purposes, does not change the character thereof,
and which does not endanger the health, safety and welfare of any other persons
residing in that area by reason of noise, noxious odors, unsanitary or unsightly
conditions, fire hazards and the like, involved in or resulting from such occupation,
profession or hobby, provided further, that:
1. Not more than one (1) person outside of the family residing on the premises
shall be engaged in such operations.
2. No article or service shall be sold or offered for sale on the premises except such
as is produced by such occupation.
3. No home occupation shall be conducted in any accessory building.
4. Such occupation shall not require internal or external alterations or construction
features, equipment, machinery, outdoor storage, or signs not customarily in
residential areas.
5. No home occupation shall generate other than normal residential traffic either
in amount or type.
6. Parking needs generated by a home occupation shall be provided for in an offstreet
parking area, located other than in a required front yard.
7. One (1) non-illuminated nameplate, not more than two (2) square feet in area,
may be attached to the building, which shall contain only the name and
occupation of the resident of the premises.
8. No equipment or process shall be used in such home occupation, which creates
noise, glare, vibration, fumes, odors or electrical interference detectable to the
normal senses on the lot. In the case of electrical interference, no equipment or
8
process shall be used which creates visual or audible interferences in any radio
or television receivers off the premises, or causes fluctuations in line voltage off
the premises.
9. Tea rooms, veterinarian’s offices, tourist homes, animal hospitals, kennels,
millinery shops, among others shall not be deemed to be home occupations.
HOMESTEAD RESIDENTIAL SITE: A homestead residential site is the original
dwelling that has existed at least thirty (30) years, divided from a tract a land in an
Agricultural District, pursuant to Act 281, P.A. 1967, as amended, the Income Tax
Act of Michigan. This homestead residential site shall be listed as a conforming use
as a single family dwelling by the Building Inspector and meet the regulations outlined
in Article XIV, Schedule of Regulations.
JUNK: For the purposes of this Ordinance, the term junk shall mean any motor
vehicles, machinery, appliances, product, merchandise with parts missing or scrap
metals or other scrap materials that are damaged, deteriorated, or are in a condition
which cannot be used for the purpose of which the product was manufactured.
JUNK YARDS: A ―junk yard‖ is an open area where waste, used or second hand
materials are bought and sold, exchanged, stored, baled, packed, disassembled, or
handled, including but not limited to, scrap iron and other metals, paper, rags,
rubber tires, and includes any area of more than two hundred (200) square feet, but
does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL: Any lot or premises on which three (3) or more dogs are
kept either permanently or temporarily boarded.
LOADING SPACE: An off-street space on the same or adjacent lot with a building,
or group of buildings for a temporary parking of a commercial vehicle while loading
and unloading merchandise or materials.
LOT: A lot is a regularly shaped and proportioned parcel of land occupied or intended
to be occupied by a building and any accessory buildings or by any other use or
activity permitted thereon and including open spaces and yards as required under
this Ordinance, and having its frontage upon a public street or road either dedicated
to the public or designated on a recorded subdivision plat. (See the Lot Type Illustration
for acceptable lot configurations.) Contiguous lots under single ownership and control
and designated by its owner or acquired as a tract to be used, developed, or built
upon as a unit shall be considered as a single lot for zoning purposes. In such case
the outside perimeter of such lots shall constitute the front, rear and side lot lines
thereof and shall be referred to as a zoning lot. (Eff. 3/97)
LOT AREA: The total horizontal area within the lot lines, as defined, of a lot. For
lots fronting or lying adjacent to private streets, lot area shall be interpreted to mean
that area within lot lines separating the lot from the private street, and not the
center line of said street.
LOT, CORNER: A lot where the interior angle of two adjacent sides at the intersection
of the two streets is less than one hundred thirty-five (135) degrees. A lot abutting
upon a curved street, or streets, shall be considered a corner lot for the purposes of
this Ordinance if the arc is of less radius than one hundred fifty (150) feet and the
tangents meet the curve or the straight street line extended, form an interior angle of
less than one hundred thirty-five (135) degrees.
LOT, COVERAGE: The part of percent of the lot occupied by buildings or structures,
including accessory buildings or structures.
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LOT, DEPTH: The depth of a lot is the mean horizontal distance from the center of
the front street line to the center of the rear lot line.
LOT, DOUBLE FRONTAGE: A lot other than a corner lot having frontage on two (2)
more or less parallel streets. In the case of a row of double frontage lots, one (1)
street will be designated as the front street for all lots in the plat and in the request
for a building permit. If there are existing buildings in the same block fronting on
one or both of the streets, the required minimum front yard setback shall be observed
on those streets where buildings presently front.
LOT, INTERIOR: An interior lot is a lot other than a corner lot with only one (1) lot
line fronting on a street.
LOT LINES: Any line dividing one (1) lot from another or from the right-of-way, and
thus constitute property lines bounding a lot.
LOT LINE, FRONT: In the case of an interior lot abutting on one (1) public or
private street, the front lot line shall mean the line separating the lot from such
right-of-way. In the case of a corner or double fronting lot, the front lot line shall be
that line separating said lot from the street which is designated as the front street in
the plat and/or in the request for a building permit.
LOT LINE, REAR: That lot line which is opposite and most distant from the front lot
line of the lot. In the case of an irregular, triangular, or gore shaped lot, a line ten
(10) feet in length entirely within the lot parallel to and at the maximum distance
from the front line of the lot shall be considered to be the rear lot line for the purpose
of determining depth of rear yard. In cases where none of these definitions are
applicable, the Planning Commission shall designate the rear lot line.
LOT LINE, SIDE: Any lot line other than a front lot line or a rear lot line. A side lot
line separating a lot from a street is a street lot line. A side lot line separating a lot
from another lot is an interior side lot line. Generally, lots shall have more than two
side lot lines or, in the case of a corner lot, one side lot line and one street lot line. (Eff.
3/97)
LOT OF RECORD: A lot which actually exists in a subdivision plat as shown on the
records of the County Register of Deeds, or a lot or parcel described by metes and
bounds, the description of which has been so recorded.
LOT, WIDTH: The horizontal distance between the side lot lines, measured at the
two (2) points where the building line, or front setback line, intersects with the side
lot lines. For the purpose of determining conformance with minimum lot width
requirements, the width of a lot must have continuous, uninterrupted frontage along
a road right-of-way. Discontinuous frontage shall meet or exceed the minimum lot
width requirement applicable in the zoning district. (Eff. 3/97)
MAJOR THOROUGHFARE: An existing paved highway having a right-of-way of not
less than one hundred twenty (120) feet.
MIGRATORY LABOR CAMP: Temporary facilities provided for the housing of
workers
who, for seasonal purposes, are employed in the planting, harvesting, or processing
of crops and comply with state health regulations.
MOBILE HOME: A structure, transportable in one (1) or more sections, which is
built on a chassis and designed to be used as a dwelling with or without permanent
foundation, when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained in the structure. Mobile
Home does not include a recreational vehicle.
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MOBILE HOME COMMISSION ACT: Act 419, Public Acts of 1976.
MOBILE HOME PARK: Means any parcel or tract of land under the control of any
person, upon which three (3) or more Mobile Homes are located on a continual or
non-recreational basis, or which is offered to the public for that purpose, regardless
of whether a charge is made, therefore, together with any building, structure,
enclosure, street, equipment or facility used or intended for use incident to the
occupancy of a Mobile Home and which is not intended for use as a temporary
Trailer Park.
MOBILE HOME SITE: A parcel of ground within a mobile home park designed for
accommodating one (1) mobile home dwelling unit and meeting the requirements of
this Ordinance for a mobile home dwelling unit and meeting the requirements of this
Ordinance for a mobile home site.
MOBILE HOME STAND: That part of a mobile home site designed and constructed
for the placement of a mobile home, appurtenant structures, or additions including
expandable rooms, enclosed patios, garages, or structural additions.
MOTEL: A series of attached, semi-detached or detached rental units containing
bedroom, bathroom and closet space. No kitchen or cooking facilities are to be
provided, with the exception of units for the use of the manager and/or caretaker.
Units shall contain not less than two hundred and fifty (250) square feet of net floor
area. Units shall provide overnight lodging and are offered to the public for
compensation and shall cater primarily to the public traveling by motor vehicles.
MOTOR HOME: A motorized vehicular unit primarily designed for travel and/or
recreational usage, which may also contain facilities for overnight lodging. This
term does not apply to mobile homes.
NON-CONFORMING USE OR BUILDING:
a. NON-CONFORMING USE: A non-conforming use is a use which lawfully occupied
a building or land at the effective date of this Ordinance or amendment thereto,
and that does not conform to the USE regulations of the zoning district in which
it is located.
b. NON-CONFORMING BUILDING: A non-conforming building is a building or
portion thereof lawfully existing at the effective date of this Ordinance, or
amendments thereto, and which does not conform to the provisions (e.g.,
setbacks, height, lot coverage, parking) of this Ordinance in the zoning district
in which it is located.
NURSERY, PLANT MATERIALS: A space, building or structure, or combination
thereof, for the storage of live trees, shrubs, or plants offered for wholesale or retail
sales including products used for gardening and landscaping. The definition of
nursery within the meaning of the Ordinance does not include any space, building,
or structure used for the sale of fruits, vegetables or Christmas trees.
OCCUPIED: The word ―occupied‖ includes arranged, designed, built, altered,
converted to, rented or leased, or intended to be occupied.
OFF-STREET PARKING LOT: A facility providing vehicular parking spaces along
with adequate drives and aisles, for maneuvering so as to provide access for entrance
and exit for the parking of more than two motor vehicles.
OPEN AIR BUSINESS USES: Open air business uses shall include the following
business uses:
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a. Retail sale of trees, shrubbery, plant, flowers, seed, topsoil, humus, fertilizer,
trellises, lawn furniture, playground equipment, and other home garden supplies
and equipment.
b. Retail sale of fruit and vegetables.
c. Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf,
golf driving range, children’s amusement park and/or similar recreation uses.
d. Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale;
rental or repair services.
e. Outdoor display and sale of garages, swimming pools, motor homes, mobile
homes, snowmobiles, farm implements and similar products.
OPEN SPACE: Any area (open to the sky) on a lot not covered by a principal or
accessory building.
OPEN STORAGE: All outdoor storage of building materials, sand, gravel, stone,
lumber, equipment and other supplies.
PARK: A tract of land, designated and used by the public for active and passive
recreation. (Ord. 23, eff. July 25, 1996)
PARKING SPACE: Is hereby determined to be an area of one hundred and eighty
(180) square feet, and shall be exclusive of drives, driveways, aisles or entrances
giving access thereto and shall be fully accessible for storage or parking of permitted
vehicles.
PLACE OF WORSHIP: A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting formal religious services
on a regular basis by a religious congregation. (Ord. 23, eff. July 25, 1996)
PLANNED UNIT DEVELOPMENT (PUD): A development which is planned to
integrate
residential use with collateral uses and in which lot size, setback lines, yard areas,
and dwelling types may be varied and modified to achieve particular design objectives
and to make provisions for open spaces, common areas, utilities, public improvements,
and collateral non-residential uses.
POND, FARM: A body of water ranging in size from 1/4 acre to 1 acre in total area,
from which none of the excavated material has been removed from the site, and
which is being used for one or more of the following uses: to provide water for
livestock, fish and wildlife, irrigation, fire control, or crop and orchard spraying.
POND, RECREATIONAL: A water impoundment made by constructing a dam or
embankment, or by excavating a pot or ―dugout‖ to provide for fish and wildlife,
swimming, boating and other related uses.
PORCH, OPEN: A covered entrance to a building or structure which is unenclosed
except for columns supporting the porch roof, and projects out from the main wall of
said building or structure and has a separate roof or an integral roof with the principal
building or structure to which it is attached.
PUBLIC BUILDING: Buildings that are financed largely by public funding and are
available for public uses, as distinguished from buildings that are government financed
but are intended for private use such as public housing. (Ord. 23, eff. July 25, 1996)
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PUBLIC UTILITY: Is any person, firm or corporation, municipal department, board
or commission duly authorized to furnish and furnishing under state or municipal
regulations to the public, gas, steam, electricity, sewage, communication, telegraph,
transportation or water.
QUARRY EXCAVATION: Shall mean any breaking of the ground to hollow out by
cutting or digging or removing any soil matter, except common household gardening
and general farm care.
RESTAURANT, CARRY-OUT: An establishment where food is prepared and served
to customers solely for consumption off the premises.
RESTAURANT, DRIVE-IN: An establishment where food is prepared and served on
the premises for consumption within automobiles, and an establishment with
combined drive-in and sit-down facilities.
RESTAURANT, SIT-DOWN: An establishment where food is prepared and served
for consumption within the principal building, with or without carry-out facilities.
ROADSIDE STANDS: A roadside stand is a temporary or permanent building operated
for the purpose of selling only produce raised or produced by the proprietor of the
stand or his family, and its use shall not make into a commercial district land,
which would otherwise be agricultural, nor shall its use be deemed a commercial
activity. Such stand, if of a permanent character, shall not be more than one story
high nor larger than twenty by twenty feet (20' x 20'), and must be set back from the
nearest highway right-of-way line at least twenty-five (25) feet.
ROOMING HOUSE: See ―Boarding House‖.
RUBBISH: Means the miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing and offices, including other waste
matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap
metal, rubber, paper, rags, chemicals, or any similar or related combinations thereof.
SETBACK: The minimum horizontal distance required to exist between the front
line of the building, excluding steps or unenclosed porches and the front street or
right-of-way line.
SCHOOL: Any building or part thereof, which is designed, constructed, or used for
education or instruction in any branch of knowledge. (Ord. 23, eff. July 25,b 1996)
SIGN, OUTDOOR ADVERTISING: Any card, cloth, paper, metal, glass, wood,
plaster,
stone or sign of other material of any kind, placed for outdoor advertising purposes
on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or
thing whatsoever. The term ―placed‖ as used in the definition of ―Outdoor Advertising
Sign‖, and ―Outdoor Advertising Structure‖ shall include erecting, construction,
posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other
fastening, affixing or making visible in any manner whatsoever. The following shall
be excluded:
a. Signs not exceeding one (1) square foot in area and bearing only property number,
post box numbers, names of occupants of premises, or other identification of
premises not having commercial connotations.
b. Flags and insignia of any government except when displayed in connection with
commercial promotion.
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c. Legal notices, identification, informational of directional signs erected or required
by governmental bodies.
d. Integral decorative or architectural features or buildings, except letters,
trademarks, moving parts, or moving lights.
e. Signs directing and guiding traffic and parking on private property, but bearing
no advertising matter.
SIGNS, NUMBER AND SURFACE AREA: For the purpose of determining number of
signs, a sign shall be considered to be a single display surface or display device
containing elements organized, related and composed to form a unit. The surface
area of a sign shall be computed as including the entire area within a regular geometric
form or combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter displayed. Frames and
structural members not bearing advertising matter shall not be included in
computation of surface area.
SINGLE PARCEL OWNERSHIP: Ownership of a parcel of property wherein the
owner does not own adjoining vacant property. Owner of a property may include
dual or multiple ownership by a partnership, corporation, or other group. Provided,
that the owner of any number of contiguous lots of record considered as a single lot
of record for the purpose of this Ordinance as he so elects, and in such case the
outside perimeter of said group of lots or record shall constitute the front, rear and
side lot lines thereof.
SOIL REMOVAL: Shall mean removal of any kind of soil or earth matter, including
top soil, sand, gravel, clay or similar materials or combination thereof, except common
household gardening and general farm care.
SPECIFIED ANATOMICAL AREAS: Less than completely covered human genitals,
pubic region, buttock, anus, and female breast below a point immediately above the
top of the areola; and human male genitals in a discernibly turgid state, even if
completely and opaquely covered. (Ord. 23, eff. July 25, 1996)
SPECIFIED SEXUAL ACTIVITIES: Human genitals in a state of sexual stimulation;
acts of human masturbation, sexual intercourse, oral copulation, sodomy, or
bestiality; and fondling or other erotic touching of human genitals, pubic region,
buttock or female breast. (Ord. 23, eff. July 25, 1996)
STABLE, PRIVATE: A stable for the use of the property owner or tenant and members
of his immediate family only with capacity for not more than two (2) horses provided,
however, that the capacity of a private stable may be increased if the lot whereon
such stable is located contains an area of not less than ten thousand (10,000) square
feet for each additional horse stabled.
STABLE, PUBLIC: A stable other than a private stable, with a capacity for more
than two (2) horses, and which is used for the boarding, breeding, and other equestrian
activities for which a fee is charged.
STORY: That portion of a building, other than a cellar or mezzanine, included
between the surface of any floor and the floor next above it, or if there is no floor
above it, then the space between the floor and the ceiling next above it.
a. A ―Mezzanine‖ shall be deemed a full story when it covers more than fifty percent
(50%) of the area of the story underneath said mezzanine, or if the vertical
distance from the floor next below it to the floor next above it is twenty-four (24)
feet or more.
15
b. For the purpose of this Ordinance, a basement or cellar shall be counted as a
story if over fifty percent (50%) of its height is above the level from which the
height of the building is measured, or if it is used for business purposes, or if it
is used for dwelling purposes by other than a janitor or domestic servants
employed in the same building, including the family of the same.
STORY, HALF: The part of a building between a pitched roof and the uppermost full
story, said part having a floor area which does not exceed one-half (1/2) the floor
area of said full story.
STREET: A public thoroughfare which affords traffic circulation and principal means
of access to abutting property, including avenue, place, way, drive, lane, boulevard,
highway, road, and other thoroughfare, except an alley.
STRUCTURE: Anything constructed or erected, the use of which required location
on the ground or attachment to something having location on the ground.
STRUCTURAL ALTERATION: Any change in the supporting members of a building
or structure such as bearing walls, or partitions, columns, beams or girders, or any
change in the width or number of exits, or any substantial change in the roof.
STRUCTURE, OUTDOOR ADVERTISING: Any structure of any kind or character
erected or maintained for outdoor advertising purposes, upon which any outdoor
advertising sign or billboard may be placed including outdoor advertising statuary.
SWIMMING POOL: The term ―swimming pool‖ shall mean any structure or container
intended for swimming or bathing, located either above or below grade designed to
hold water to a depth of greater than thirty (30) inches.
TEMPORARY BUILDING AND USE: A structure or use permitted by the Board of
Zoning Appeals to exist during periods of construction of the main use or for special
events, not to exceed one (1) year.
TENTS: Tents as used in this Ordinance shall mean a shelter of canvas or the like
supported by poles and fastened by cords or pegs driven into the ground and shall
not include those types of tents used solely for children’s recreational purposes.
TOURIST HOME: A dwelling in which overnight accommodations are provided or
offered for transient guests for compensation, without provisions for meals.
TOWNSHIP BOARD: Whenever in this Ordinance appear the words ―Township
Board‖, or ―Board‖ it shall mean the Township Board of Dundee.
TRAVEL TRAILER: A portable vehicular unit primarily designed for travel and/or
recreational usage, which may also contain facilities for overnight lodging, but does
not exceed eight (8) feet in width or forty (40) feet in length. This term also includes
folding campers and truck mounted campers but not mobile homes.
USABLE FLOOR AREA: For the purpose of computing parking: Is that area used
for or intended to be used for the sale of merchandise or services or for the use to
serve patrons, clients, or customers. Such floor are which is used or intended to be
used principally for the storage or processing of merchandise, or for utilities shall be
excluded from this computation of ―Usable Floor Area‖.
USE: The purpose, for which land or premises or a building thereon is designed,
arranged or intended or for which it is occupied or maintained, let or leased.
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UTILITY ROOM: A utility room is a room in a dwelling, not located in the basement,
the use of which is primarily for storage or for housing a heating unit, or for laundry
purposes.
VARIANCE: A variance is a modification of the literal provisions of the Zoning
Ordinance, which is granted when strict enforcement would cause undue hardship
owing to circumstances unique to the individual property on which the variance is
granted. Hardships based solely on economic considerations are not grounds for a
variance.
WIRELESS TELECOMMUNICATION ANTENNA: The device through which
wireless
communication signals, as authorized by the Federal Communications Commission,
are transmitted or received. Not included are AM/FM radio antenna, television
antenna, satellite dishes, and licensed amateur radio facilities.
WIRELESS TELECOMMUNICATION EQUIPMENT SHELTER: The structure in
which
the electronic receiving and transmitting equipment for wireless telecommunications
is housed.
WIRELESS TELECOMMUNICATION FACILITY: A facility consisting of all
structures
and equipment involved in transmitting and/or receiving telecommunication signals
from mobile communication sources and transmitting those signals to a central
switching computer, which connects the mobile unit to the land-based telephone
system. These facilities include but are not limited to: private and commercial mobile
radio service facilities, personal communication service towers (PCS), and cellular
telephone towers. Not included in this definition are AM/FM radio towers, television
towers, satellite dishes, and federally licensed amateur radio facilities.
WIRELESS TELECOMMUNICATION TOWER: A structure, other than an
alternative
tower structure, intended to support equipment used to transmit and/or receive
telecommunication signals including but not limited to monopoles, freestanding lattice
structures and guyed lattice structures.
YARD: An open space of prescribed width or depth on the same land with a building
or group of buildings, which open space lies between the building or group of buildings,
and the nearest lot line and is unoccupied and unobstructed from the ground upward,
except as otherwise provided herein. This regulation shall not include eaves provided
that an eight (8) foot height is provided above the adjacent ground level.
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ARTICLE III
MAPPED DISTRICTS
SECTION 3.1 DISTRICTS
For the purpose of this Ordinance the Township of Dundee is hereby divided into the
following districts:
1. AG - Agricultural District
2. R1A - Single Family Residential District
3. R1B - Single Family Residential District
4. R1C - Single Family Residential District (Ord. 1B-7, effective 6-23-92)
5. RE - Rural Estates
6. RM - Multiple Family Residential District
7. C - Commercial District
8. I - Industrial District
9. PID - Planned Industrial District
10. FP - Flood Plain District
11. PUD - Planned Unit Development District (Ord. 06-05-01, effective 7-4-05)
SECTION 3.2 MAP
1. The boundaries of these districts are shown upon the map attached hereto and
made a part of this Ordinance, which map is designated as the Zoning Map of
the Township of Dundee. The Zoning Map attached hereto and on file in the
office of the Clerk of the Township of Dundee and all notations, references, and
other information shown thereon are a part of this Ordinance and have the
same force and effect as if said Zoning Map and all such notations, references,
and other information shown thereon were fully set forth or described.
2. Except where reference on said Map to a street or other designated line by the
dimensions shown on said Map, the district boundary lines follow lot lines or
the center lines of the streets or alleys or such lines extended and the Township
boundaries, as they existed at the time of the adoption of this Ordinance.
3. Where a district boundary line, as established in this section or as shown on the
Zoning Map, divides a lot which was in a single ownership and of record at the
time of enactment of this Ordinance, the use authorized thereon and the other
district requirements applying to the least restricted portion of such lot, under
this Ordinance shall be considered as extending to the entire lot, provided that
the more restricted portion of such lot is entirely within twenty-five (25) feet of
said dividing district boundary line. The use so extended shall be deemed to be
conforming.
4. Questions concerning the exact location of district boundary lines shall be
determined by the Board of Zoning Appeals according to the rules and regulations
which may be adopted by it.
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ARTICLE IV
AMENDMENTS
SECTION 4.1 AMENDMENTS
The Township Board may amend, supplement or change the regulations and
boundaries of districts or provisions of this Ordinance pursuant to the authority
and according to the procedure set forth in Act 184, of the Public Acts of 1943, as
amended, known as the Township Zoning Act. All proposed amendments to the
provisions of this ordinance or the official zoning map shall be referred to the Planning
Commission for public hearing and recommendation to the Township Board, prior
to consideration thereof by the Township Board pursuant to the procedure established
in the Township Zoning Act and this article.
SECTION 4.2 APPLICATION FOR REZONING
An amendment to the official zoning map, hereafter referred to as ―rezoning,‖ may be
initiated by the Township Board, the Planning Commission or by the owner or owners
of the land that is the subject of the proposed amendment. Applications or petitions
to the Planning Commission for amendment involving requested reclassification of
property shall be in writing and shall be accompanied by a filing fee in an amount
set forth by the Township Board which shall be paid to the Township Treasurer at
the time that the application is filed. (Such filing fee to be deposited in the general
fund of the Township.) Amendments or rezonings initiated by the Township Board
or Planning Commission do not requre an application or fee. An application for
rezoning shall be accompanied by the following:
1. The name and address of the applicant and proof of ownership in the subject
property. The applicant shall be the owner in fee simple title of the property,
shall have legal interest in the property, such as a purchase agreement, or have
written authority to act as an agent to the owner of the property.
2. A legal description and street address of the subject property.
3. A written description of how the requested rezoning satisfies the requirements
identified in Section 4.4 below.
4. A site analysis plan, the scale of which shall be no less than 1‖ = 200’ and
includes the following information:
a. A title indicating the nature of the rezoning request, the applicant’s name
and the side address or general location;
b. A legend indicating the owner of record, surveyor or engineer, as applicable,
the date of submission, scale and north arrow;
c. A survey or plat map illustrating the subject property and boundary
dimensions;
d. Existing and proposed zoning classification(s) of the site and adjacent
parcels.
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e. The location of existing site boundary lines, buildings, structures or other
improvements, parking areas and driveways;
f. The location, width and names of existing streets and public or private
easements adjacent to the site;
g. The location of existing natural features, including but not limited to the
location of existing drainage courses, floodplains, wetlands and other relevant
information the Planning Commission has determined to be necessary and
essential to making an informed recommendation to the Township Board.
5. An applicant for a rezoning may voluntarily offer certain conditions and limitations
as part of the rezoning application (hereafter referred to as ―zoning agreement‖).
The offer for a zoning agreement shall be submitted at the time the rezoning
application is filed or in response to comments received at the public hearing.
An election to file a rezoning with a zoning agreement shall be in writing and
shall be pursuant to the Township Zoning Act, specifically MCL 125.286i, as
amended, and Section 4.5 below. When necessary, the zoning agreement shall
also include and incorporate, by reference, a conceptual site plan review and
approval as outlined in Article 16. The Township may voluntarily accept the
offer for a zoning agreement, but shall not be obligated to accept such offer.
SECTION 4.3 PUBLIC HEARING AND REVIEW PROCEDURES
1. Upon submittal of a complete application for rezoning to the Township, the item
shall be scheduled before the Planning Commission for a public hearing.

2. In all cases of a rezoning or a text amendment, the Planning Commission shall
conduct a public hearing to present the request and to receive comments. Notice
of the hearing shall be given as follows: (effective December 6, 2006)
1. Upon submittal of a complete application for rezoning to the Township, the item shall
be scheduled before the Planning Commission for a public hearing.(effective December 6, 2006)

2. In all cases of a rezoning or a text amendment, the Planning Commission shall
conduct a public hearing to present the request and to receive comments. Notice of the
hearing shall be given as follows: (effective December 6, 2006)

       a.      If an individual property or ten (ten) or fewer adjacent properties are
               proposed to the text of the ordinance, the Township shall give a notice
                of the proposed rezoning in the same manner as required under section
               21.6.(effective December 6, 2006)

       b.      If eleven (11) or more properties are proposed for rezoning, of if an
               amendment is proposed to the text of the ordinance, the Township shall
               give a notice of the proposed rezoning in the same manner as required
               under section 21.6.2.b., and 21.6.2.c. and except that no individual
               addresses of properties are required to be listed under section21.6.1.b..
               (effective December 6, 2006)

3. If an individual property or several adjacent properties are proposed for rezoning,
the Township shall give separate notice by postmarked mail to the owners of
property for which the approval is being considered, to all persons to whom real
property is assessed within three hundred (300) feet of the boundary in question,
and to the occupants of all structures within three hundred (300) feet not less
than eight (8) calendar days before the hearing. Such notice shall be in addition
to the publication required by paragraph 2 above. In the case of a rezoning, the
Township may provide notice of the public hearing indicating it will be considering
the requested zoning district or other less intense zoning districts.
4. Where the applicant has offered a zoning agreement, the zoning agreement may
be offered or amended in response to comments raised during the public hearing:
provided that any amended or additional agreements are voluntarily offered by
the applicant and they are in direct response to discussion at the public hearing.
20
5. Following the public hearing, the Planning Commission shall identify and evaluate
factors relevant to the petition and the criteria in this article and shall make its
recommendation to the Township Board. The rezoning application shall also be
forwarded to the Monroe County Planning Commission for their review and
recommendation.
6. The Planning Commission’s recommendation, minutes of the public hearing
and Monroe County’s recommendation shall be provided to the Township Board
to be placed on the agenda of the next regularly scheduled meeting of the
Township Board to consider the proposed rezoning.
7. Where the applicant has offered a zoning agreement, the zoning agreement shall
be reviewed by the Township Attorney prior to the Planning Commission making
a recommendation to the Township Board on the rezoning application. The
Township Attorney shall determine that the zoning agreement conforms to the
requirements of Section 4.5 below and the Township Zoning Act as amended,
and shall confirm that the zoning agreement is in a form acceptable for recording
with the County Register of Deeds.
8. Following the submission of Planning Commission recommendation, the
Township Board may hold additional hearings if the Township Board considers
it necessary. Pursuant to Michigan Public Act 184 of 1943, as amended, the
Township Board may by majority vote of its membership:
a. Adopt the proposed rezoning, including any agreement provided for in
subsection 9 below:
b. Reject the proposed rezoning: or,
c. Refer the proposed rezoning back to the Planning Commission for further
recommendation. Thereafter, the Township Board may either adopt the
rezoning with or without the recommended revisions, or reject it.
9. If a zoning agreement has been offered by the applicant and recommended for
approval by the Planning Commission, the Township Board may approve the
zoning agreement if it meets all requirements of Section 4.5 below. If an applicant
proposes a zoning agreement after the Planning Commission has made a
recommendation on the rezoning request, the Township Board shall first remand
the application back to the Planning Commission to resubmit a recommendation
on the rezoning and the zoning agreement to the Township Board. The zoning
agreement shall be incorporated by attachment or otherwise as an inseparable
part of the ordinance adopted by the Township Board to accomplish the requested
rezoning. All of the following shall apply to a rezoning that was conditionally
approved along with a zoning agreement:
a. The zoning classification of the rezoned property shall consist of the district
to which the property has been rezoned, plus a reference to the zoning
agreement. The Zoning Map shall specify the new district, plus a small
letter ―a‖ to indicate that the property is subject to a zoning agreement (i.e.,
―R1A-a‖).
b. The Township Clerk shall maintain a listing of all properties subject to zoning
agreements and shall provide copies of the agreements upon request. The
approved zoning agreement shall be recorded by the applicant with the
County Register of Deeds.
c. Unless extended by the Township Board for good cause, the zoning agreement
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and associated rezoning shall expire two (2) years after adoption of the
rezoning and zoning agreement, unless a building permit has been issued,
construction has begun on the approved development of the property and
proceeds diligently towards completion. In the event that the zoning
agreement expires it shall be void and of no effect.
d. Notwithstanding the above, if the property owner applies in writing for an
extension of the zoning agreement at least fifty (50) days prior to the expiration
date, the Township Board may, after recommendation by the Planning
Commission, grant an extension of up to one (1) year. No further extensions
may be granted.
e. Should the zoning agreement become void, all development on the subject
property shall cease, and no further development shall be permitted. Until
action satisfactory to the Township is taken to bring the property into
compliance with the zoning agreement, the Township may withhold or,
following notice to the applicant and being given an opportunity to be heard,
revoke permits and certificates, in addition to or in lieu of any other lawful
action to achieve compliance.
f. If the rezoning and zoning agreement become void as outlined above, then
the land shall revert back to its original zoning classification as set forth in
MCL 125.286i. Such reversion shall be initiated by the Township Board
with notice and hearing as required for rezonings by the Township Zoning
Act and this Ordinance.
g. Any amendment to the zoning agreement following the original approval by
the Township Board shall require review by the Planning Commission and
a recommendation to the Township Board. Any amendment to the zoning
agreement that the Planning Commission determines to be major changing
the basic conditions of the rezoning shall require a public hearing by the
Planning Commission and a recommendation to the Township Board, in
the same manner as was prescribed for the original rezoning.
SECTION 4.4 CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING
MAP
(REZONING)
In considering any petition for an amendment to the official zoning map, the Planning
Commission and Township Board shall consider the following criteria in making its
findings, recommendations and decision:
1. Consistency with the goals, policies and future land use map of the Township
Master Plan. If conditions have changed since the master plan was adopted, the
rezoning may be found to be consistent with recent development trends in the
area.
2. Appropriate timing for the zoning change in consideration of any infrastructural
improvements necessary to support the zoning.
3. Compatibility of the site’s physical, geological, hydrological and other
environmental features with all uses permitted in the proposed zoning district
compared to uses permitted under current zoning.
4. Compatibility of all uses permitted in the proposed zoning district with
surrounding uses and zoning in terms of land suitability, impacts on the
environment, density, nature of use, traffic impacts, aesthetics, infrastructure
22
and potential influence on property values compared to uses permitted u nder
current zoning.
5. Capacity of the public infrastructure and services to accommodate all the uses
permitted in the requested district without compromising the ―health, safety
and welfare‖ of the Township.
6. Capacity of the street system to safely and efficiently accommodate the expected
traffic generated by uses permitted in the requested zoning district.
7. Apparent demand for the types of uses permitted in the requested zoning district
in the Township, and surrounding area, in relation to the amount of land in the
Township, and surrounding area, currently zoned and available to accomodate
the demand.
8. Ability of the site to meet the dimensional regulations for the requested zoning
district.
9. The requested rezoning will not create an isolated and unplanned spot zone.
10. If a rezoning is appropriate, the requested zoning district shall be more appropriate
from the Township’s perspective than another zoning district.
11. The request has not previously been submitted within the past one (1) year,
unless conditions have changed or new information has been provided.
12. Other criteria as determined by the Planning Commission or Township Board
which would protect the health and safety of the public, protect public and
private investment in the Township, and enhance the overall quality of life in the
Township.
SECTION 4.5 ZONING AGREEMENT
An applicant for a rezoning may voluntarily offer a zoning agreement along with an
application for rezoning. An election to file a rezoning with a zoning agreement shall
be pursuant to the Township Zoning Act, soecifically MCL 125.286i, as amended,
and this Article. The conditions set forth in the zoning agreement must be voluntary
and equally or more restrictive than the regulations that would otherwise apply
under the proposed zoning district. The zoning agreement shall be a written agreement
that is approved and executed by the applicant and the agreement shall be a written
agreement that is approved and executed by the applicant and the Township and
recorded with the County Register of Deeds. When necessary, the zoning agreement
shall also include and incorporate, by reference, a site plan. This plan shall not
replace the requirement for a site plan as outlined in Article 16. The zoning agreement
must be voluntarily offered by the applicant and the Township shall not have the
authority to require an applicant for rezoning to offer such agreement and shall not
have the authority to require modification to a zoning agreement without the consent
of the applicant; provided, the Township shall not enter into a zoning agreement that
is not found acceptable to the Township Board.
1. The zoning agreement may include limitations on the uses permitted on the
property in question, specification of lower density or less intensity of development
and use, or may impose more restrictive measures on the location, size, height,
or other measure for buildings, structures, im provements, setbacks, landscaping,
buffers, design, architecture and other features. The zoning agreement may not
authorize uses or developments of greater intensity or density, or which are not
permitted in the proposed zoning district; nor may a zoning agreement permit
variances from height, area, setback or similar dimensional requirements that
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are less restrictive than the proposed zoning district. The zoning agreement
may include co nditions related to the use and development of the property that
are necessary to:
a. Serve the intended use of the property such as extension of or improvements
to roadways, utilities or other infrastructure serving the site;
b. Minimize the impact of the development on surrounding properties; and
c. Preserve natural features, historic resources and open space.
2. Content of Agreement: In addition to any limitations on use or development of
the site, preservation of site features or improvements described in 1 above, the
zoning agreement shall also include the following:
a. Acknowledgement that the zoning agreement was proposed voluntarily by
the appicant and that the Township relied upon the agreement and may not
grant the rezoning but for the terms spelled out in the zoning agreements.
b. Acknowledgement that the zoning agreement and its terms and conditions
are authorized by all applicable State and Federal law and constitution,
and that the zoning agreement is valid and was entered into on a voluntary
basis.
c. Agreement and understanding that the property shall only be developed
and used in a manner that is consistent with the zoning agreement.
d. Agreement and understanding that the approval of the rezoning and the
zoning agreement shall be binding upon and inure to the benefit of the
property owner and the Township, and also their respective heirs, successors,
assigns, receivers or transferees.
e. Agreement and understanding that, if a rezoning with a zoning agreement
becomes void in accordance with this section, that no further development
shall take place and no permits shall be issued unless and until a new
zoning district classification for the property has been established.
f. Agreement and understanding that no part of the zoning agreement shall
permit any activity, use, or condition that would otherwise not be permitted
in the new zoning district.
g. A legal description of the land to which the agreement pertains.
h. Any other provisions as are agreed upon by the parties.
3. Any uses proposed as part of a zoning agreement that would otherwise require
approval of a special approval or site plan approval shall be subject to the
applicable review and approval requirements of Articles 15 and 16.
4. Nothing in the zoning agreement, nor any statement or other provision, shall
prohibit the Township from later rezoning all or any portion of the land that is
the subject of the zoning agreement to another zoning classification. Any rezoning
shall be conducted in compliance with this Ordinance and the Township Zoning
Act.
5. Failure to comply with the zoning agreement at any time after approval will
constitute a breach of the agreement and also a violation of this Ordinance, and
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further use of the property may be subject to legal remedies available to the
Township.
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ARTICLE V
GENERAL PROVISIONS
Except as hereinafter specifically provided, the following regulations shall apply:
SECTION 5.1 CONFLICTING REGULATIONS
Whenever any provision of this Ordinance imposes more stringent requirements,
regulations, restrictions or limitations than are imposed or required by the provisions
of any other law or ordinance, the provisions of this Ordinance shall govern.
SECTION 5.2 SCOPE
No building or structure, or part thereof, shall hereafter be erected, constructed,
reconstructed, or altered and maintained, and no new use or change shall be made
or maintained of any building, structure or land, or part thereof, except in conformity
with the provisions of this Ordinance.
SECTION 5.3 STREETS, ALLEYS AND RAILROAD RIGHT-OF-WAYS
All streets, alleys and railroad right-of-ways, if not otherwise specifically designated,
shall be deemed to be in the same zone as the property immediately abutting upon
such streets, alleys, right-of-ways. Where the center line of a street or alley serves
as a district boundary, the zoning of such street or alley, unless otherwise specifically
designated, shall be deemed to be the same as that of the abutting property up to
such center line.
SECTION 5.4 PERMITTED USES
No building shall be erected, converted, enlarged, reconstructed or structurally altered,
nor shall any building or land be used, designed or arranged for any purpose other
than is permitted in the district in which the building or land is located.
SECTION 5.5 PERMITTED AREA
No building shall be erected, converted, enlarged, reconstructed or structurally altered,
nor shall any open spaces surrounding any building be encroached upon or reduced
in any manner, except in conformity with the area regulations of the district in
which the building is located.
SECTION 5.6 PERMITTED HEIGHT
No building shall be erected, converted, enlarged, reconstructed or structurally altered
to exceed the height limit hereinafter established for the district in which the building
is located, except that roof structures for the housing of elevators, stairways, tanks,
ventilating fans, or similar equipment required to operate and maintain the building,
and fire or parapet walls, skylights, towers, steeples, storage lofts and screens,
flagpoles, chimneys, smokestacks, individual domestic radio and television aerials
and wireless masts, water tanks, wireless telecommunication facilities, or similar
structures may be erected above the height limits herein prescribed. Except for
wireless telecommunications facilities, no such structure may be erected to exceed
by more than fifteen (15) feet the height limits of the district in which it is located;
nor shall such structure have a total area grater than twenty-five (25) percent of the
roof area of the building, nor shall a structure be used for any residential purpose or
any commercial purpose other than a use incidental to the main use of the building.
The height of wireless telecommunication facilities shall be established by Section
5.3.9.
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SECTION 5.7 ZONING LOT
Every building hereafter erected or structurally altered to provide dwelling units
shall be located on a lot as herein defined, and in no case shall there be more than
one (1) such building on one (1) lot unless otherwise provided in this Ordinance.
SECTION 5.8 LOT AREA, YARDS, AND OPEN SPACE REQUIREMENTS
Space which has been counted or calculated as part of a side yard, rear yard, front
yard, court, lot area or other open space to meet the requirements of this Ordinance
for a building, shall not be counted or calculated to satisfy or comply with a yard,
court, lot area or other open space requirement for any other building. An open
porch or paved terrace may occupy a required front yard or rear yard provided that
the unoccupied portion of the front yard or rear yard furnishes a depth of not less
than twenty-one (21) feet.
SECTION 5.9 PROJECTIONS INTO YARDS
Architectural features, not including vertical projections, may extend or project into
a required side yard not more than two (2) inches for each one (1) foot of width of
such side yard, and may extend to project into a required front yard or rear yard not
more than three (3) feet. Architectural features shall not include those details which
are normally demountable.
SECTION 5.10 USE OF YARD SPACES AND OTHER OPEN AREAS FOR
STORAGE
No front or other yard shall be used for the storage of automobiles or any other
material or equipment; provided that in residential areas automobiles with a current
license and in operating condition may be parked on an approved service driveway,
extending from the street directly to a side yard or a garage. No machinery, equipment
vehicles, lumber piles, crates, boxes, building blocks, or other materials either
discarded, unsightly or showing evidence of a need for repairs, with or without current
license, shall be stored, parked abandoned or junked in any open area that is visible
from the street, public place or adjoining residential property; and should such use
of land occur, it shall be declared to be a nuisance. If such nuisance is not abated
within ten (10) days after the owner of such land is notified by the Township, then
the Township may perform the necessary work to eliminate the nuisance at the
expense of the property owner; and in the event the property owner fails to reimburse
the Township within thirty (30) days, after receiving notice of the amount due from
the Township Treasurer, then the amount shall become a lien upon said property.
SECTION 5.11 STREET ACCESS
No dwelling or building shall be erected on any lot or parcel of land in the Township
of Dundee that does not abut on a public street, road or highway, provided that this
Ordinance shall not be the basis for preventing the issuance of a building permit for
ordinary repair or maintenance of any building that is already erected on the date of
the adoption of this Ordinance upon a lot or parcel of land that does not so abut
such a street or highway.
SECTION 5.12 VISIBILITY
No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted
on any lot which will obstruct the view of the driver of vehicle approaching an
intersection, excepting that shrubbery and low retaining walls not exceeding two
and one-half (2 1/2) feet in height above the curb level and shade trees where all
branches are not less than eight (8) feet above the street level will be permitted. For
residential corner lots, this unobstructed area will be a triangular section of land
27
formed by the two street curb lines and a line connecting them at points twenty (20)
feet from the intersection of said curb lines.
SECTION 5.13 DWELLINGS IN NON-RESIDENTIAL DISTRICTS
No dwelling unit shall be erected in the C, I or FP Districts. However, the sleeping
quarters of a watchman or a caretaker may be permitted in said districts in
conformance with the specific requirements of the particular district.
SECTION 5.14 ONE SINGLE FAMILY STRUCTURE PER LOT
No single family residential structure shall be erected upon a lot with another single
family residential structure.
SECTION 5.15 ACCESSORY BUILDINGS
Accessory buildings, except as otherwise permitted in this Ordinance shall be subject
to the following requirements:
1. Where the accessory building is structurally attached to a main building, it
shall be subject to and must conform to all regulations of this Ordinance
applicable to main or principal buildings.
2. Accessory buildings shall not be erected in any required yard except a rear yard,
unless all buildings are at least 200 feet from the front property line, providing
further that in no instance shall such a building be nearer than three (3) feet to
any side or rear lot line. Where easements exist, the easement line shall be
considered as the side or rear lot line insofar as the location of accessory buildings
shall be concerned. (Eff. 8/94)
3. An accessory building, not exceeding two (2) story or twenty (20) feet in height,
may occupy not more than twenty-five percent (25%) of a required yard, plus
forty percent (40%) of any non-required rear yard; provided, that in no instance
shall the accessory building exceed one hundred fifty percent (150%) of the
ground floor area of the main building. (Ord. 1B-7, eff. 6-23-92)
4. An accessory building shall be located on the rear half of the lot, except when
structurally attached to the main building, and except that in row house
development or apartment buildings, parking area location in the form of covered
bays may be permitted in the rear of main buildings if the location is approved
by the Zoning Board of Appeals.
5. No detached accessory building shall be located closer than ten (10) feet to any
main building.
6. When an accessory building is located on a corner lot, the side lot of which is
substantially a continuation of the front lot line of the lot to its rear, said building
shall not project beyond the front yard line required on the lot in rear of such
corner lot.
7. In the case of double frontage lots, accessory buildings shall observe front yard
requirements on both street frontages whenever there are any principal buildings
fronting on said streets in the same block or adjacent blocks.
8. Accessory buildings shall be permitted to be erected on a vacant lot only in
conjunction with the issuance of a permit for a residential dwelling on that
same parcel in zoning districts Residential R-1A, R-1B, R-1C, and Rural Estates.
28
This also applies to the Agricultural District when the parcel is less than 10
acres. (Eff. 4/00)
SECTION 5.16 PARKING AND STORAGE OF CAMPERS,
TRAVEL TRAILERS AND BOATS
Campers, travel trailers, motorized homes, snowmobiles and trailers of any type,
and boats may be parked or stored outdoors in any zoning district on occupied lots
subject to the following requirements:
1. No more than one (1) licensed camper or travel trailer, and no more than two (2)
licensed boats, and no more than four (4) snowmobiles may be parked on a lot of
record which is zoned and used for residential purposes, and ownership of same
must be in the name of a member of the immediate family of the lot’s owner,
tenant or lease.
2. Campers and travel trailers may be parked anywhere on the premises for loading
or unloading purposes for a period not to exceed forty-eight (48) hours.
3. Licensed campers, travel trailers, snowmobiles, trailers, boats and the like, where
parked or stored, shall be located in the rear yard and, in addition shall conform
to the required yard space requirements for accessory buildings in the zoning
district wherein located. Further they may be stored in side yards at the discretion
of the Building Inspector.
4. The maximum permitted lot coverage of all buildings plus any camper, travel
trailer, or boat parking or storage space, shall not be exceeded.
5. All campers, travel trailers, boats and the like, shall be locked or secured at all
times when not in use so as to prevent access thereto by children.
6. A suitable covering (e.g. tarpaulin) shall be placed over all boats, whenever they
are not enclosed, in order to prevent vandalism by, or injury to children.
7. Recreational equipment parked or stored shall not be connected to water, gas or
sanitary facilities, and at no time shall same be used for living, lodging or
housekeeping purposes.
8. All recreational equipment must be kept in good condition and have a current
year’s license and/or registration.
9. The parking or storage of a mobile home unit outside of a mobile home park,
under these provisions, is expressly prohibited.
SECTION 5.17 AUTOMOBILE SERVICE STATIONS AND PUBLIC GARAGES
In order to regulate and control the problems of noise, odor, light, fumes, vibration,
dust, danger of fire and explosion, and traffic congestion which result from the
unrestricted and unregulated construction and operation of automobile stations; to
regulate and control the adverse effects which these and other problems incidental
to the automobile service station may exercise upon adjacent and surrounding areas;
and to control the problem of abandoned stations which are a nuisance, as well as a
blighting influence on surrounding properties, the following additional regulations
and requirements are provided herein for automobile service stations located in any
zone. All automobile service stations erected after the effective date of this Ordinance,
shall comply with all requirements of this section. No automobile service station
existing on the effective date of this Ordinance shall be structurally altered so as to
29
provide a lesser degree of conformity with the provisions of this section than existing
on the effective date of this Ordinance.
1. An automobile service station shall be located on a lot having a frontage along
the principal street of not less than one hundred fifty (150) feet, and having a
minimum area of not less than fifteen thousand (15,000) square feet.
2. An automobile service station building housing an office and/or facilities for
servicing, greasing and/or washing motor vehicles shall be located not less than
forty (40) feet from any street lot line.
3. All driveways providing ingress to or egress from an automobile service station
shall be not more than thirty (30) feet wide at the property line. No more than
one (1) curb opening shall be permitted for each fifty (50) feet of frontage or
major fraction thereof along any street, and no more than two (2) curb openings
are permitted on any street. No driveway or curb opening shall be located nearer
than twenty-five (25) feet to any corner of exterior lot line, as measured along
the property line.
4. A raised curb six (6) inches in height shall be erected along all street lot lines,
except for driveway openings.
5. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists
and pits shall be enclosed entirely within a building.
6. An automobile service station located on a lot having an area of fifteen thousand
(15,000) square feet shall include not more than two (2) enclosed stalls for
servicing, lubricating, greasing and/or washing motor vehicles. An additional
one (1) enclosed stall may be included with the provision of each additional two
thousand (2,000) square feet of lot area.
7. All gasoline pumps shall be located not less than fifteen (15) feet from any lot
line, and shall be arranged so that motor vehicles shall not be supplied with
gasoline or serviced while parked upon or overhanging any public sidewalk,
street or right-of-way.
8. Where an automobile service station adjoins property located in any residential
zone, a screening wall five (5) feet in height shall be erected and maintained
along the service station property line. All screening walls shall be protected by
a fixed curb or barrier to prevent vehicles from contacting the wall.
9. All exterior lighting, including illuminated signs, shall be erected and hooded or
shielded so as to be deflected away from adjacent and neighboring property.
10. When a structure designed and used for automobile service station purposes
ceases to operate on a continuing basis for a period of ninety (90) days within
any period of eighteen (18) months, the owner of the premises shall be served
written notice by the Building Inspector of the requirement within sixty (60)
days of the date of said notice, to either: 1) resume operation of the premises on
a continuing basis as a lawful automobile service station or filling station, or 2)
lawfully convert said structure to another permitted use and completely remove
the debris from the premises.
All new automobile service stations or filling stations constructed after the effective
date of this Ordinance shall be required to post a bond with the Building Inspector
in an amount equal to the estimated cost of demolition and clearance of
30
improvements on the premises. Failure to comply with one of the above mentioned
three (3) alternatives shall empower the Building Inspector to utilize said bond
for the demolition and clearance of the premises in question.
If there should be declared a national emergency which could curtail the operation
of motor vehicles or if the Planning Commission should determine that there
exists a state of general economic depression or hardship, the provisions of this
subsection (10) shall not apply.
11. Abandoned automobile service stations or gasoline filling stations may be
converted to Principal Permitted Use in the District in which such station is
located, provided the following conditions are met:
a. The use shall not be out of harmony with the surrounding neighborhood by
reason of its character or quality of development.
b. All gasoline pumps and signs shall be removed, and underground gasoline
storage tanks shall be abandoned in conformance with prescribed Township,
County and State fire safety provisions.
c. All buildings shall meet all applicable requirements of the Township Building
Code for safety and structural condition.
d. There shall be adequate off-street parking provided in accordance with Article
XX.
e. No outside storage areas shall be permitted.
f. The use shall meet all Area, Height, Bulk and Placement requirements of
the District in which such use is located in accordance with Article XIV.
g. The use shall comply with all other requirements of the applicable District
unless otherwise provided in this Ordinance.
SECTION 5.18 DRIVE-IN ESTABLISHMENTS
1. When a drive-in establishment adjoins property located in any residential district,
a screening wall, five (5) feet in height shall be erected and maintained along the
interior line, or if separated from the residential zone by an alley, then along the
alley lot line. In addition, all outside trash areas shall be enclosed by said five (5)
foot screening wall. The screening wall shall be protected from possible damage
inflicted by vehicles using the parking area by a suitable barrier.
2. The entire parking area shall be paved with a permanent surface of concrete or
asphaltic cement. Any unpaved area of the site shall be landscaped with lawn or
other horticultural materials, maintained in a neat and orderly fashion at all
times, and separated from the paved area by a raised curb or other equivalent
barrier. Paving may be waived for a period of up to one (1) year by the Zoning
Board of Appeals, then the lot must be maintained dust free.
3. Lighting shall be installed in a manner which will not create a driving hazard on
abutting streets or which will not cause direct illumination on adjacent residential
properties.
4. Before approval is given for any use, a site plan shall first be submitted to the
Planning Commission for review as to suitability of location of entrances and
exits to the site, parking area, screening, lighting signs and other design features,
in accordance with the provisions of Article XVI.
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SECTION 5.19 BUILDING GRADES
1. Any building requiring yard space shall be located at such an elevation that a
sloping grade shall be maintained to cause the flow of water to run away from
the walls of the structures thereon. The balance of yard spaces shall be graded
and adequate drainage provided where necessary to deflect proper drainage of
surface waters from the said premises.
2. When a new building is constructed on a vacant lot between two existing buildings
or adjacent to an existing building, the existing established grade shall be used
in determining the grade around the new building and the yard around the new
building shall be graded in such a manner as to meet existing grades.
3. Final grade shall be approved by the Building Inspector.
SECTION 5.20 TEMPORARY BUILDINGS AND USES
Temporary buildings, trailers and other similar structures used as a field office in
conjunction with construction work may be permitted in any district during such
time that construction work is in progress, that adequate arrangements for sanitary
facilities are made, that any such temporary field office shall be certified as such and
as being in conformance with this Ordinance by the Building Inspector and provided
further that any such temporary facilities shall be removed upon completion of
construction work.
No temporary trailers shall be placed in any residential district unless a building
permit has been issued for a permanent building on the same site. Further, said
temporary trailer shall be permitted for six (6) months, only with one renewal of six
(6) months. Before a certificate of occupancy shall be issued any temporary building
shall be removed from the site within ten (10) days.
Circuses, carnivals, open air concerts, festivals and other transient amusement
enterprises may be permitted in any district upon approval by the Township Board,
based upon a finding that such an activity will not adversely affect public health,
safety, morals and the general welfare.
1. The Township Board may require the following protections for the welfare of the
community:
a. Necessary and reasonable sanitary facilities.
b. Adequate security for the protection of the general public who attends the
festivities and to protect private property.
c. Adequate medical protection or ambulance facilities on the premises.
d. Compliance with all State Health Codes and all State Fire Protection, and
life guards if necessary and appropriate.
2. Any contracts to provide for such protection shall be provided by recognized
legal entities and approved by the Board.
3. The Board may require the posting of a Bond running to the Township in a
reasonable amount to hold the Township free from all liabilities incident to the
operation of such above activity and to indemnity any adjoining land owner for
any damages resulting from the operation of such activity and which damages
shall be provable before a court having jurisdiction over the premises or which
the damages occurred and payable through such court.
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SECTION 5.21 SEWAGE DISPOSAL
No human excreta or domestic, commercial or industrial wastes shall be deposited
on the surface of the premises. Where a sewer system is available, all sanitary
fixtures, such as water closets, lavatories, catch and slop sink, laundry trays and
bath tubs shall be connected to such system. Where a sewer is not available, all
facilities used in connection with the disposal of human excreta and water carried
wastes shall be connected with and the wastes there from discharged into a private
disposal system, the operation of which creates neither a nuisance nor pollutes a
stream or lake or a water supply.
SECTION 5.22 OUTSIDE PRIVIES
Whenever earthpit outhouses, septic tank privies or chemical toilets are used for the
disposal of human excreta for farm dwelling or for non-farming, the construction
and maintenance shall comply with the provisions of the Monroe County, Michigan
Sanitary Code, as presently established or hereafter amended, a copy of which is on
file in the office of the Township Clerk.
SECTION 5.23 STORAGE: DUMPING OF WASTE, JUNK, GARBAGE, ETC.
The use of land for the storage or collection or accumulation of used lumber, and
other used materials, or for the dumping, disposal, or accumulation of scrap iron,
junk, garbage, rubbish or other refuse or of ashes, slag or other industrial wastes or
by-products shall not be permitted in any district in the Township of Dundee except
in the I, Industrial District, and then only after a petition has been submitted to the
Township Board and such Board may approve and order the issuance of temporary
certificates to the petitioner by the Building Inspector. This approval may be given
by the Township Board only in appropriate cases where such petition is accompanied
by a suitable agreement between the Township and the petitioner together with an
appropriate bond to secure performance by the petitioner pursuant to this section
that such dumping or disposal will not pollute the waters of the Township or cause
stagnant water to collect on, or leave the surface of the land, at the expiration date of
such permit, in an unstable condition or unfit for the growing of turf, or for other
land uses permitted in the district in which such dumping occurs, except as provided
in any other existing Ordinances. The dumping of dirt, sand, rock or other materials
excavated from the earth is permitted in any district provided the surface of such
material is graded within a reasonable time in a manner preventing the collection of
stagnant water and which leaves the ground surface in a condition suitable for the
growing of turf or for other land uses permitted in the district. The Bond required
hereunder shall be in such amount as shall be reasonably necessary to insure
conformity with this Section.
SECTION 5.24 RESTORING UNSAFE BUILDINGS
Nothing in this Ordinance shall prevent the strengthening or restoring to a safe
condition of any part of any building or structure declared unsafe by the Building
Inspector or required compliance with his lawful order, except as provided in Section
6.6.
SECTION 5.25 CONSTRUCTION BEGUN PRIOR TO
ADOPTION OF ORDINANCE
Nothing in this Ordinance shall be deemed to require any changes in the plans,
construction or design use of any building upon which actual construction was
lawfully begun prior to the adoption of the Ordinance, and upon which building
actual construction has been diligently carried on, and provided further, that such
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buildings shall be completed within two (2) years from the date of passage of this
Ordinance.
SECTION 5.26 VOTING PLACE
The provisions of this Ordinance shall not be so construed as to interfere with the
temporary use of any property as a voting place in connection with municipal or
other public elections.
SECTION 5.27 APPROVAL OF PLATS
No proposed plat of a new subdivision shall hereafter be approved by either the
Township Board or the Township Planning Commission, unless the lots within
such plat equals or exceeds the minimum size and width requirements set forth in
the various districts of this Ordinance, and unless such plat fully conforms with
the statutes of the State of Michigan and all other provisions of the Dundee Township
Code.
SECTION 5.28 ESSENTIAL SERVICES
Essential services shall be permitted as authorized under any franchise or that
may be regulated by any law of the State of Michigan or any ordinance of the
Township of Dundee, it being the intention hereof to exempt such essential services
from the application of this Ordinance, except as hereinafter required.
SECTION 5.29 COMMERCIAL RADIO, TELEVISION TOWERS
All commercial radio, television shall be permitted in any agricultural, commercial
or industrial district which has access upon a major thoroughfare. The setbacks
for such towers from all abutting streets or adjacent property, shall be a distance
equal to the height of such tower. The structural plans must be approved by the
Township Engineer. (Ord. 1B-6, eff. 2-90) Wireless communication facilities are not included
in this provision.
SECTION 5.30 OPEN AIR BUSINESS USES
Open air business uses, where permitted in C-District shall be subject to the following
regulations:
1. The minimum area of the site shall be ten thousand (10,000) square feet.
2. The minimum street frontage shall be one hundred (100) feet.
3. There shall be provided around all sides of the site, except at entrances, exits
and along sides of the premises enclosed by buildings, a screening wall five (5)
feet in height in order to intercept windblown trash and other debris. Where
the site abuts any residential zoned district, the requirements for protective
screening shall apply as specified.
4. Off-street parking areas and aisles, as required under Article XX, shall be paved
in accordance with the requirements thereof.
5. Lighting shall be installed in a manner which will not create a driving hazard
on abutting streets or which will cast direct illumination on adjacent properties.
6. Before approval is given for any use, a site plan shall be first submitted to the
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Building Inspector for review as to suitability of location of entrances and exits
to the site, parking area, fencing, lighting and other design features.
7. All open air business uses shall comply with all Township and County health
regulations regarding sanitation and general health conditions.
SECTION 5.31 EXTERIOR LIGHTING (Ord.11-02)
1. Exterior lighting shall be fully shielded and directed downward to prevent offsite
glare. Decorative light fixtures may be approved, as an alternative to shielded
fixtures, provided a cut-off mechanism used in conjunction with the fixture to
limit excess glare. The intensity of light within a site shall not exceed ten (10)
foot candles within any site or one (1) foot candle at any property line, except
where the subject site abuts a property which is zoned or used as residential or
agriculture whereby a maximum of one-half (0.5) foot candles is permitted.
2. For gas station canopies and automobile dealership lighting not located within
or adjacent to a residential district, a maximum of twenty (20) foot candles is
permitted within the site but the above standards of paragraph 1 shall apply to
intensity at the property line. All gas station and other canopy lighting must be
recessed.
3. Metal halide fixtures shall be used in an effort to maintain a unified lighting
standard throughout the township and prevent ―sky glow.‖
4. Park lot light fixtures shall not exceed fifteen (15) feet in height, measured from
the parking lot grade.
5. For sites abutting or adjacent to a residential district or use, the intensity shall
not exceed two hundred and fifty (250) watts. For all other sites, the light intensity
shall not exceed five hundred (500) watts.
6. Except for single and two family dwellings, lighting shall not be attached to
buildings or other structures that permit light to be directed horizontally. Lighting
attached to single and two family dwellings shall not cause glare on roads or
adjoining property.
7. Luminous tube and exposed bulb fluorescent lighting is prohibited as an
architectural detail on all buildings (e.g. along the roof line, along eaves, or
around windows).
8. Lighting shall not be of a flashing, moving or intermittent type. The use of laser
light source, search lights or any similar high intensity light for outdoor
advertisement or entertainment is prohibited.
9. All site plans shall include a detailed lighting plan that demonstrates compliance
with the standards of this section. Such lighting plan shall include a photometric
grid indicating lighting intensities on the site and at all site boundaries and
shall include detailed specifications for proposed light fixtures.
SECTION 5.32 LANDSCAPING (Ord.11-02)
1. Intent. The intent of this section is to promote the public health, safety and
welfare by establishing minimum standards for the design installation and
maintenance of landscaping, greenbelts and buffer zones. Landscaping,
greenbelts, and buffer zones are necessary for the continued protection and
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enhancement of all land uses. Landscaping and greenbelts enhance the visual
image of the Township, preserve natural features, improve property values, and
alleviate the impact of noise, traffic and visual distraction. Buffer zones protect
less-intense uses from the noise, light, traffic, litter and other impacts. These
regulations are further intended to maintain and enhance the natural, rural
character of Dundee Township.
2. Scope of Application
a. The requirements set forth herein shall apply to all lots, sites, parcels and
uses that are developed, expanded, or changed following the effective date
of this Ordinance. This section applies to any application for site plan,
subdivision or condominium approval. Single and two family dwellings
located on individual lots of record are exempt from the regulations of this
section.
b. The landscaping requirements shall be met prior to the issuance of a
certificate of occupancy and shall be continuously maintained in a sound,
healthy, and vigorous growing condition.
c. The requirements set forth herein are minimum requirements, and nothing
herein shall preclude the applicant and the Township from agreeing to more
extensive landscaping.
d. Creativity in landscape design is encouraged. The standards are intentionally
flexible to encourage adaptability and creative design. Required trees and
shrubs may be planted at uniform intervals, at random, or in groupings,
depending on the designer’s desired visual effect and the intent of the
Township to preserve the natural, rural character of the Township.
3. Definitions. Whenever used in this Ordinance, the following words and phrases
shall have the following meaning ascribed to them:
a. Buffer Zone: A strip of land with landscaping, berms or walls singularly or
in combination required along mutual lot lines between certain zoning
districts based on the landscaping standards of this zoning ordinance. The
intent of the required buffer zones is to lessen the impact to less-intensive
uses from the noise, light, traffic, clutter and litter of adjacent land uses.
b. Greenbelt: A strip of land of definite width and location along a public road
right-of-way or private road easement reserved for the planting of trees, and
ground cover to enhance the visual image of the Township.
c. Landscaping: The treatment of the ground surface with live plant materials
such as, but not limited to, grass, ground cover, trees, shrubs, vines, and
other live plant material. In addition, a landscape design may include other
decorative non-living materials, such as wood chips, crushed stone, boulders
or mulch.
d. Shrub: A woody plant of one (1) to thirteen (13) feet in height with several
erect, spreading or prostrate stems and having a general bushy appearance.
Shrub planting species utilized in landscape plan shall have sufficient mature
height to achieve desired screening or landscaping effect.
e. Tree: A woody plant which at maturity is thirteen (13) feet or more in height
with an erect perennial trunk and having a definite crown of foliage.
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1) Deciduous tree: A tree that sheds its foliage at the end of the growing
season.
2) Evergreen tree: A tree that has foliage that persists and remains green
throughout the year.
3) Ornamental tree: A deciduous tree that is typically grown because of
its shape, flowering characteristics or other attractive features and
typically grows to a mature height of 25 feet or less.
4) Canopy tree: A deciduous tree which has a height of 25 feet or more
feet and a trunk with at least five (5) feet of clear stem at maturity.
4. Landscaping Requirements
a. General Requirements. Unpaved portions of the site shall be planted with
grass, ground cover, shrubbery, or other suitable live plant material. Areas
to be preserved in a natural state may be planted with native groundcover
and maintained in an unimproved state.
b. Greenbelts. Within all districts, a twenty (2) foot wide greenbelt shall be
planted adjacent to and outside of the public right-of-way, which shall
conform to the following standards:
1) Within the Commercial District, a minimum of one (1) deciduous canopy
tree shall be planted for each forty (40) lineal feet, or portion thereof, of
required greenbelt length. Trees may be planted at uniform intervals,
at random, or in groupings.
2) Within the Industrial District and for all subdivisions and condominiums
in the residential districts, a minimum of one (1) deciduous canopy tree
and one (1) evergreen tree shall be planted for each thirty (30) lineal
feet, or portion thereof, of required greenbelt length. Trees may be planted
at uniform intervals, at random, or in groupings.
c. Buffer Zones. In order to provide protective screening and buffers between
abutting land uses, a landscaped buffer zone shall be provided in accordance
with the following. These regulations do not apply along a lot line where the
abutting land use is separated by a public road right-of-way or private road
easement.
Table 5.32A identifies where and what type of buffer is required based upon
the zoning of adjacent property. The proposed use is listed on the left column
and adjacent property zoning across the top row. Table 5.32B details the
minimum landscape elements that must be included in each type of buffer
zone.
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The Proposed Use
Will Be:
Residential
District
Commercial
District
Industrial
District
Single Family
Residential 1 None B B
Multiple Family
Residential B B B
Commercial 2 B C C
Industrial A B None
Proposed Use Will Be Adjacent To:
TABLE 5.32A
REQUIRED BUFFER ZONES
Footnotes:
1) Applies to applications for subdivision plat or condominium site plan
approval only.
2) Includes non-residential special approval uses in a residential district
such as churches, schools and public utility buildings.
Buffer
Zone
Minimum
Width Minimum Plant Materials
A 50 feet
1 deciduous tree, 2 evergreen trees and 4
shrubs per each 20 linear feet along the
property line, rounded upward.
B 20 feet
1 deciduous tree, 1 evergreen tree and 4
shrubs per each 30 linear feet along the
property line, rounded upward.
C 10 feet
1 deciduous or evergreen tree or 4 shrubs
per each 20 linear feet along the property
line, rounded upward.
TABLE 5.32B
DESCRIPTION OF REQUIRED BUFFER ZONES
d. Landscaping of Off-Street Parking Areas
1) When off-street parking and loading of a non-single family residential
use abuts a residential zoning district, the parking lot and loading area
shall be screened from such contiguous, residential district by a solid,
ornamental masonry wall at least six (6) feet tall meeting the
requirements of Section 5.32.8, in addition to the landscape plant
materials required in Section 5.32.4.c, above. In lieu of a wall, the
Planning Commission may permit or require one (1) evergreen tree
planted every fifteen (15) feet along the mutual property boundary, in
addition to the landscape plant materials required in Section 5.32.4.c,
above.
2) In addition to screening which may be required around off-street parking
and loading areas, all off-street parking areas containing greater than
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twenty (20) spaces shall also provide one (1) canopy tree for each ten
(10) parking spaces. The trees required shall be placed within landscape
islands in the interior of the parking lot or around the perimeter of the
parking lot.
e. Landscaping of Rights-of-Way. Public rights-of-way located adjacent to
required landscaped areas and greenbelts shall be planted with grass or
other suitable live ground cover, and shall be maintained by the owner or
occupant of the adjacent property.
f. Utility Structures. Utility structures such as electrical transformers shall
be screened from view by landscaping. A minimum of three (3) evergreen
shrubs shall be planted adjacent to the utility structure to screen it from
view. All landscape plantings shall be spaced a minimum of twenty (20) feet
from any fire hydrant. Trees shall be placed to avoid growing into overhead
utility lines.
5. Maintenance of Unobstructed Visibility for Drivers. Where a driveway
intersects a public right-of-way or private road or where a site abuts the
intersection of public rights-of-way or private roads, all landscaping within thirty
(30) feet of the intersecting right of way lines shall not be permitted to grow to a
height of more than thirty (30) inches above the pavement grade at the edge of
the pavement.
6. Modification of Landscape Requirements. The Planning Commission may
reduce or modify the location of the landscape requirements contained in this
section based upon a determination that the landscaping required in this section
will not be necessary or effective in meeting the intent of this Ordinance. In
making such a determination, the following shall be considered.
a. The existence of natural vegetation that will meet the requirements of this
ordinance and will be preserved as part of the site plan.
b. Parking, vehicular circulation, or existing or planned land use are such
that required landscaping would not enhance the site or result in the desired
screening effect.
c. The public benefit intended by the landscape regulations could be better
achieved with a plan that varies from the strict requirements of the
Ordinance.
d. The intent to comply with the standards has been demonstrated by the
applicant with alternatives considered to achieve the intent of this section.
7. Plant Material Requirements. Unless otherwise specified, all landscape
materials shall comply with the following standards:
a. Plant materials used in compliance with the provisions of this Ordinance
shall be nursery grown, free of pests and diseases, hardy in Monroe County,
in conformance with the standards of the American Association of
Nurserymen or ANSI American Nursery Stock Index. Landscaping used shall
be native to the states of Michigan and Ohio.
b. The following minimum specifications shall apply to all plant material at
the time of planting proposed in accordance with the landscaping
requirements of this Ordinance:
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Plant Type
Minimum
Caliper
Minimum
Height
Minimum
Spread
Deciduous canopy
trees 2 ½ inches -- --
Ornamental trees 2 inches 6 feet --
Evergreen trees -- 2 feet 2 ½ feet
Shrubs -- 2 feet 15 inches
Hedges -- 3 feet --
MINIMUM PLANT MATERIAL SIZE
AT TIME OF PLANTING
c. Grass areas shall be planted using species normally grown as permanent
lawns in Monroe County. Grass, sod, and seed shall be clean and free of
weeds, noxious pests, and diseases. Straw, mulch or hydro-seed shall be
used to protect newly seeded areas.
d. Landscaping shall be installed in a sound, professional manner to ensure
the continued growth of healthy plant material. Required landscaping shall
be maintained in a healthy, neat, and orderly appearance, free from refuse
and debris. All unhealthy and dead plant material shall be replaced in the
first appropriate planting period.
e. Use of the following plant materials is not encouraged because of
susceptibility to storm damage, disease, or other undesirable characteristics:
COMMON NAME GENUS SPECIES
Silver Maple Acer sacharinum
Box Elder Acer negundo
Tree of Heaven Ailanthus altissima
European Barberry Berberis thunbergii
Northern Catalpa Catalpa speciosa
Eastern Red Cedar Juniperus virginiana
Poplar Populus deltoids
Willow Salix spp.
American Elm Ulmus Americana
UNDESIRABLE PLANT MATERIALS
8. Obscuring Wall Requirements. Where permitted or required by this
Ordinance, obscuring walls shall be subject to the following regulations.
a. Required obscuring walls shall be six (6) feet in height, and shall be
constructed of brick or other materials that are architecturally compatible
with the materials used on the principal building and found to be suitable
by the Planning Commission.
b. Masonry walls shall be erected on a concrete foundation, which shall have
a minimum depth of forty-two (42) inches and shall not be less than four (4)
inches wider than the wall to be erected.
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SECTION 5.33 FENCES, WALLS AND OTHER PROTECTIVE BARRIERS
All fences, walls and other protective barriers (referred to in this section as ―fences‖)
of any nature, description, located in the Township of Dundee shall conform to the
following regulations:
1. The erection, construction or alteration of any fence shall be approved by the
Building Inspector in compliance with the provisions of this Ordinance.
2. Fences in other than AG, or I Districts, unless specifically provided otherwise,
shall conform to the following requirements.
a. No fence shall hereafter be erected in any required yard space in excess of
six (6) feet in height above the grade of the surrounding land, with the
bottom of the fence no more than 9 inches above the natural grade, unless
the Township Board shall give its special approval as provided in Article XV.
(Ord. Eff. 5/23/95)
b. No fence shall hereafter be located in the road right-of-way in the R1A, R1B
and R1C districts except as restricted by Section 5.12. (Ord. 1B-7, eff. 6-23-92)
c. All fences hereafter erected shall be of an ornamental nature. Barbed wire,
spikes, nails or any other sharp instrument of any kind are prohibited on
top of or on the sides of any fence, except that barbed wire cradles may be
placed on top of fences enclosing utility buildings or equipment in any district
or whenever deemed necessary in the interest of public safety or protection
of private property.
3. Fences in the AG, or I District may be located on property or right-of-way lines
of a lot provided that such fences shall be maintained in a good condition and
shall not constitute an unreasonable hazard.
4. No fence shall be erected, established or maintained on any corner lot, which
will obstruct the view of a driver of a vehicle approaching the intersection, with
the exception that shade trees shall be permitted where all branches are not
less than eight (8) feet above the road level.
SECTION 5.34 OUTDOOR TRASH CONTAINERS
Outdoor trash containers shall be permitted in the RM, C and I Districts provided
that they comply with the following requirements.
1. Adequate vehicular access shall be provided to such containers for truck pickup
either via a public alley or vehicular access aisle which does not conflict with the
use of off-street parking areas or entrances to or exits from principal buildings
nearby.
2. A solid screening wall or fence shall be provided around all sides of trash
containers which shall be provided with a gate for access and be of such height
as to completely screen said containers, the maximum height of which shall not
exceed six (6) feet.
3. The trash container(s), the screening wall or fence and the surrounding ground
area shall be maintained in a neat and orderly appearance, free from rubbish,
waste paper or other debris. This maintenance shall be the responsibility of the
owner of the premises on which the containers are placed.
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4. There shall be compliance with all Township, County and State health ordinances
and statutes.
SECTION 5.35 PRIVATE SWIMMING POOLS
All swimming pools erected in the Township of Dundee shall comply with the
requirements of the Section.
1. Application: The application for a building permit to erect a swimming pool
shall include the name of the owner, the manner of supervision of pool, a plot
plan and location of adjacent buildings, fencing, gates, public utilities, plan and
specifications to scale of pool walls, slope bottom, walkways, and diving boards,
type and rating of auxiliary equipment, piping and valve layout, and any other
detailed information affecting construction and safety features deemed necessary
by the Building Inspector.
2. Pool location: Minimum side yard setback shall comply with the provisions of
the respective districts as set forth in this Ordinance. Furthermore, the pool
fence must not be built within the required front yard or required corner lot side
yard. Rear yard setback shall not be less than four (4) feet as measured from
the outside wall of the pool to the rear property line, or less than the established
easement width at the rear property line. There shall be not less than four (4)
feet between the wall of the pool and any building on the lot.
3. Fence: For the protection of the general public all swimming pools shall be
completely enclosed by a wooden privacy fence, chain link, or masonry fence,
capable of preventing unauthorized entrance, not less than four (4) feet height
nor more than six (6) feet in height and located at least four (4) feet from the
outside perimeter of the pool wall, provided, that if a building not having any
means of access thereto is located on the lot, a fence shall not be required on
any such side. All openings in any such fence shall be equipped with a selfclosing,
self-latching gate which shall be securely locked with a tamper-proof
lock when the pool is not in use. (Ord. 1B-7, eff. 6-23-92)
4. Permits: Upon compliance with all requirements of this Section and upon
determination by the Building Inspector and the Monroe County Health
Department that the proposed swimming pool will not be injurious to the general
public health, safety and welfare of the Township and its citizens, the Building
Inspector shall issue a permit conditioned upon compliance of the permit holder
with the requirements of this Section.
5. Supervision: No person shall maintain an outdoor swimming pool on his
premises without providing adequate supervision at all times when the pool is
in use so that no person may be injured or drowned therein. (Ord. 1B-7, eff. 6-23-92)
SECTION 5.36 STABLES
1. Public Stables - Shall be located only in the AG, Agricultural District on lots 10
acres or larger.
a. Stables shall not be located closer than one hundred (100) feet to any
residential dwelling in an AG or RE District.
b. Property used for Public Stables purposes shall be adequately fenced to
prohibit trespass on neighboring lands.
c. Maximum density for public stables shall not exceed one (1) horse per acre.
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2. Private Stables - Private stables located on non-farm single-family residences
in the AG, Agricultural, and RE, Rural Estates, Districts must have a minimum
of five (5) acres of land to accommodate a maximum of two (2) horses. Additional
horses may be allowed provided an additional ten thousand (10,000) square feet
of land is provided for each horse over and above the minimum lot size.
a. Stables shall not be located closer than one hundred (100) feet to any
residential dwelling in an AG or RE District.
b. Property used for private stable purposes shall be adequately fenced to
prohibit trespass on neighboring lands.
c. Private stables must be constructed so that the corral and pasture are behind
the rear setback line of the principal building and/or behind the rear setback
line of the nearest residential uses.
d. Maximum density for private stables shall not exceed one (1) horse per
acre.
SECTION 5.37 PONDS (Ord. 1B-7, eff. 6-23-92)
Ponds excavated for recreational, scenic or farm purposes shall be a permitted use
in the Agricultural and Residential Districts subject further to the requirements and
standards listed below:
1. The pond must be located on a parcel of at least two (2) acres in size.
2. Property owner shall live in a permanent residence on proposed pond site before
construction of scenic/recreation pond; or shall have obtained a home building
permit from the Township and be at a stage in construction where fill is required,
as determined by the Township Building Inspector. A farm pond for purpose of
irrigation or watering of livestock may be constructed on site where no permanent
residence exists; however, there shall exist proven evidence of commercial
agricultural operations, operated by a sole proprietorship, partnership, or
corporation, and including all necessary farm buildings, structures and
machinery.
3. The pond size shall be not less than twenty thousand (20,000) square feet, nor
more than five (5) acres.
4. The pond begins at the excavation point of the original grade and must be setback
a minimum of fifty (50) feet from property lines and dwellings and a minimum of
seventy-five (75) feet from roads.
5. The pond shall be constructed in conformance with the design standards of the
Soil Conservation Service, and have a permit from the Monroe County Drain
Commission in accordance with the provisions of Act 347, P.A.. 1972, The Soil
Erosion and Sedimentation Act.
6. For the protection of the general public, appropriate safety measures shall be
provided such as warning signs, and rescue facilities, such as life rings.
7. Written evidence shall be provided from the Monroe County Health Department
that the separation distance between the pond and any septic system or septic
system replacement field is sufficient, but in no case shall a pond be located
closer than one hundred (100) feet to a septic system nor any closer than fifty
(50) feet to a well.
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8. Side slopes of any pond shall not exceed a ratio of four (4) feet horizontal to one
(1) foot vertical, with slopes flattened to eight (8) feet horizontal to one (1) foot
vertical in all areas below water surface.
9. The current Dundee Township permit fee is payable upon application.
10. If the pond is to be used in any part for livestock purposes, the setbacks shall be
one hundred (100) feet from dwellings and lot lines.
11. A performance guarantee shall be posted with the Township prior to the issuance
of a permit for excavation of a pond and shall be sufficient to cover the cost of
restoration of the site if the pond is not properly excavated in accordance with
the plans approved by the Planning Commission and the permit from the Monroe
County Drain Commission. The amount of the performance guarantee shall be
determined by the Building Inspector based upon two (2) dollars per cubic yard
of soil to be removed or based upon a cost estimate supplied by a licensed
contractor. The performance guarantee shall be refunded upon inxpection and
approval of the completed pond by the Building Inspector.
12. No earth excavated during construction of the pond shall be removed from the
parcel, unless special approval has been obtained from the Dundee Township
Board. Special approval shall be based upon the recommendation of the Planning
Commission following a public hearing conducted in accordance with Section
15.2. The special approval standards of Section 15.3 shall be met in addition to
the following requirements:
a. The following information shall be provided:
1. The amount of earth to be removed from the property.
2. The destinations for the earth to be removed, including a description
for its intended use.
3. The off-site route over which materials will be hauled from the site,
including an identification of the truck routes that will be used and the
physical capabilities of these routes to accommodate the truck traffic.
A Haul Route Permit shall be obtained from the Monroe County Road
Commission prior to the issuance of a permit for the pond’s construction.
b. Dust control measures shall be utilized to ensure minimal impact on
surrounding uses. All vehicles used to transport material to be removed
from the property shall be loaded in a manner so that the material cannot
be unintentionally discharged from the vehicle. Vehicles shall be cleaned of
all material not in the load-bed prior to entering the public streets. If
materials excavated from the site are deposited or spilled upon the public
roadway, it shall be the responsibility of the licensee, without requiring any
action or request by the Township, to immediately remove the sp illed or
deposited material.
c. A time limit shall be set for completing the soil removal. Soil removal from
the site shall be limited to Monday through Friday, 8 AM to 5 PM.
SECTION 5.38 REGULATED LAND USES (Ord. 23, eff. July 25, 1996)
1. State of Intent: It is recognized that there are some uses which, because of
their very nature, are recognized as having serious objectionable operational
characteristics, particularly when several of these uses are concentrated under
44
certain circumstances which produce or result in a deleterious effect upon the
use and enjoyment of adjacent areas and the surrounding neighborhood. Special
regulation of these uses is necessary to insure that these adverse effects will not
contribute to the blighting or downgrading of property values in the surrounding
neighborhood. The special regulations that are set forth in this Section are
designed to prevent the concentration of such uses in any one area.
2. Regulated Land Uses: Uses which are subject to the conditions of this Section
shall be referred to as regulated land uses. Such uses shall include the following
facilities:
a. Adult bookstore
b. Adult cabaret
c. Adult motion picture theater
d. Adult motel
e. Adult personal service business
f. Any use similar to the above listed uses
3. Locational Requirements: Regulated land uses shall be permitted by special
approval in the C, Commercial District and the I, Industrial District subject to
the following locational requirements.
a. No regulated land use shall be established within one thousand (1,000) feet
of any residential dwelling which is zoned AG, Agricultural District or RE,
Rural Estate District. The required separation distance shall be measured
from the nearest point along the property line of the regulated use to the
nearest point of the protected residential dwelling.
b. No regulated land use shall be established within one thousand (1,000) feet
of any property which is zoned R1A, R1B, R1C, Single Family Residential
District or RM, Multiple Family District. The required separation distance
shall be measured from the property line of the regulated use to the protected
zoning district boundary, using the closest points along the property line
and the zoning district boundary involved.
c. No regulated land use shall be established within one thousand (1,000) feet
of a public or private school, child care facility, place of worship, public
building or park. The required separation distance shall be measured from
property line to property line, using the closest points along the property
lines involved.
d. No regulated land use shall be established within five hundred (500) feet of
another regulated land use nor within five hundred (500) feet of an
establishment licensed by the Michigan Liquor Control Commission. The
required separation distance shall be measured from property line to property
line, using the closest points along the property lines involved.
This section shall not be construed as to prohibit a regulated land use from
obtaining and operating under a license duly granted by the Michigan Liquor
Control Commission.
e. No more than one (1) regulated land use shall be permitted in a single
structure.
f. The Planning Commission shall apply the above listed separation
requirements to uses located in adjacent communities as well as those located
in Dundee Township.
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4. Application Procedure: Because regulated land uses possess unique
characteristics and because minors are excluded from such facilities by virtue
of age, these facilities shall be permitted only upon approval of the Township
Board subject to the procedures specified in Article XV, Standards for Special
Approval Uses.
5. Approval Criteria: No regulated land use shall be approved by the Township
unless all the following criteria are fulfilled:
a. The establishment, location, maintenance, and operation of the regulated
land use will not be detrimental to or endanger the public, health, safety,
morals, comfort or general welfare; and
b. The regulated land use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes permitted nor
substantially diminish or impair property values within the neighborhood;
and
c. The establishment of the regulated land use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted within the zoning district; and
d. The regulated land use will not be conducted in any manner that permits
the observation of any material depicting or describing specified sexual
activities and specified anatomical areas from any public right-of-way or
from any other property.
This provision shall apply to any display, decoration, sign, show window, or
other opening; and
e. The regulated land use will conform to all other requirements of the zoning
district.
f. Prior to granting approval to any regulated land use, the Township Board
may impose additional conditions or limitations upon the establishment,
location, construction, maintenance or operation of the regulated land use
as it deems necessary for the protection of the public interest and to secure
compliance with the standards specified above. The Township Board may
require such evidence and guarantees as it deems necessary as proof that
the conditions stipulated in connection therewith are being and will be
fulfilled.
6. Appeal Procedure: The Board of Appeals may reduce any of the foregoing spacing
requirements if it finds that the following conditions exist:
a. The proposed use will not be contrary to the public interests or injurious to
nearby properties in the proposed location and the spirit and intent of the
purpose of the spacing requirement will still be required.
b. The proposed use will not enhance or promote a deleterious effect upon
adjacent areas through causing or encouraging blight, or disrupting
neighborhood development.
c. The establishment of the additional regulated use in the area will not be
contrary to any program of neighborhood conservation nor interfere with
any program of neighborhood renewal.
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d. Where all other applicable regulations within the Zoning Ordinance or other
pertinent general law ordinances will be observed.
7. Resubmittal Procedure: No application land use which has been denied wholly
or in part by the Township Board shall be resubmitted for a period of one (1)
year from the date of denial, except upon the ground that new evidence or proof
of changed conditions are found to be valid, as determined by the Township
Board.
Section 5.39 WIRELESS TELECOMMUNICATION FACILITIES AND
WIRELESS
TELECOMMUNICATION ANTENNAE (Ord. 9-98)
All wireless telecommunication facilities and wireless telecommunication antenna
shall be subject to the requirements of this section, as well as any other applicable
provisions of this Ordinance.
1. Zoning District Requirements: Wireless telecommunication Facilities and
wireless telecommunication Antenna shall be permitted as follows:
Wireless
telecommunication
facility
Wireless
telecommunication
antenna mounted on
an alternative tower
structure
Co-location of
wireless
telecommunication
antenna(s)
Replacement of an
existing wireless
telecommunication
tower
Agricultural
District
Permitted subject to
special use and
approval and site
plan approval
Permitted subject to
special use approval
and site plan approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Single Family
Residential
Districts
Permitted subject to
special use an site
plan approval
Permitted subject to
special use an site plan
approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Rural Estate
Residential
District
Permitted subject to
special use and site
plan approval
Permitted subject to
special use and site
plan approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Multiple Family
Residential
District
Permitted subject to
special use and site
plan approval
Permitted subject to
special use and site
plan approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Commercial
District
Permitted subject to
special use and site
plan approval
Permitted subject to
special use and site
plan approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Industrial
District
Permitted subject to
special use and site
plan approval
Permitted subject to
special use and site
plan approval
Permitted as an
accessory use; requires
a building permit
Permitted subject to site
plan review; special use
approval may be
required
Type of Wireless Telecommunication Facility or Antenna
Zoning District
Requirements
47
2. Compliance with Federal Regulations:
a. All telecommunication towers shall comply with current regulations of the
Federal Aviation Administration (FAA) and the Federal Communications
Commission (FCC) or any other federal or state agency with authority to
regulate telecommunication towers and/or antennas.
b. In the event of a change in federal or state regulation, the owner of the
telecommunication tower and/or antenna shall bring its facility into
compliance with the revised regulations within 6 months of the effective
date of such regulations, unless a different compliance schedule is mandated
by the state or federal agency.
3. Compliance with Building Codes: All wireless telecommunication facilities
and towers shall be constructed in compliance with the applicable building codes,
including Electronic Industries Association/Telecommunication Industry (EIA/
TIA) standards for the construction of antenna towers and antenna support
structures.
4. General Site Location Requirements:
a. Parcel or lot area requirements: A wireless telecommunication facility
may be located on a parcel or lot with other principal uses provided the lot
or parcel meets one of the following criteria:
1. If the property is undeveloped or occupied by a nonresidential use, it
must have a minimum area of 2.5 acres.
2. If the property is occupied by a residential use, it must have a minimum
area of 20 acres.
Notwithstanding these requirements, the portion of the lot or parcel leased
for the wireless telecommunication facility may be smaller than the minimum
lot or parcel area.
b. Setback requirements:
1. In nonresidential zoning districts, wireless telecommunication towers
shall be setback at least 200 feet from the front property boundary, at
least 100 feet from any side property boundary, and at least 50 feet
from the rear property boundary of adjoining property zoned for
nonresidential use. If the adjacent property is zoned for residential
use, the provisions of paragraph 2 shall apply.
2. In residential zoning districts (including Agricultural, Single-Family,
Rural Estate, and Multiple Family Residential Districts), wireless
telecommunication towers shall be setback at least 200 feet from all
adjoining property zoned for residential use. If the tower height exceeds
200 feet, the setback distance shall be increased 1-foot for each
additional 1-foot of height over 200 feet.
3. Other structures associated with the wireless telecommunication facility
(such as equipment shelters, guy wire anchors) shall comply with the
setback requirements of the district in which the facility is located.
4. The setback requirements of this section are minimums. The Planning
Commission may require additional setback distance as part of a
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conditional land use approval or for towers located within 1000 feet of
property zoned for residential use.
c. Co-location requirements: Wireless telecommunication towers shall be
designed to permit co-location by at least two additional entities proposed
locations for wireless telecommunication facilities and shall be adequately
sized and configured to allow the placement of at least two additional
telecommunication equipment shelters.
d. Tower design: Wireless telecommunication towers shall be constructed as
freestanding structures (monopole or lattice towers, as approved by the
Planning Commission) unless the applicant can demonstrate that such
structure cannot accommodate the user or obtrusiveness, except as
otherwise required by a state or federal agency.
e. Signs: Wireless telecommunication towers shall not be used for advertising
purposes nor shall such tower display any signs other than one sign, not to
exceed two square feet, which defines the service provider and an emergency
telephone number. These restrictions shall not apply to any safety signs
placed on the security fence or tower.
f. Fencing: Wireless telecommunication facilities shall be enclosed by a
security fence not less than 6 feet in height. The Planning Commission
shall review the need for the installation of anti-climbing devices and make
a determination based on adjacent land use and zoning patterns.
g. Screening: Wireless telecommunication facilities shall be effectively screened
to obscure views of the tower base, equipment shelter, security fencing, or
guy wire anchors form adjacent uses and public rights-of-way. In locations
where the visual impact of the tower will be minimal or where existing
vegetation or topography provide an effective natural screen or where the
security requirements of the principal use prevent screening (utility
substations), the Planning Commission may modify this requirement.
h. Lighting: Wireless telecommunication towers shall not be artificially lighted
unless required by the FAA or other applicable authority. if lighting is
required, the lighting alternative approved by the Planning Commission shall
cause the least disturbance possible.
i. Equipment shelter design: The design and materials used in the
construction of the equipment shelter shall, to the extend possible, blend
the structure with the surrounding built or natural environment. The
equipment shelter shall not exceed 15 feet in height.
j. Off-street parking: Wireless telecommunication facilities shall provide 1
off-street parking space to accommodate maintenance vehicles. Driveways
and parking spaces serving such facilities may have a gravel surface provided
the surface is maintained in a dust-free condition and graded to maintain
proper drainage.
5. Permitted Additional Antenna: Wireless telecommunication antenna shall
be considered a permitted accessory use when placed on or attached to any
existing wireless telecommunication structure which constitutes a principle use,
provided that all other applicable ordinance requirements are complied with.
The initial wireless telecommunication antenna placed on an alternative tower
shall be subject to special land use and site plan approval in the AG, R1A, R1B,
R1C, RE and RM Districts and subject to site plan approval in the C and I
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Districts. Subsequent antennas on alternative tower structures shall be
considered permitted accessory uses in all districts.
6. Permitted Tower Placement: An existing wireless telecommunication tower
may be replaced for the purposes of accommodating the co-location of additional
wireless telecommunication antenna subject to the following review and approval
process:
a. Tower replacements which result in the addition of 50 or fewer feet of
additional tower height shall require site plan review and approval by the
Planning Commission.
b. Tower replacements which result in the addition of more than 50 feet in
height shall require conditional land use review and approval by the Planning
Commission.
c. Tower replacements which require the installation of tower lights shall require
conditional land use review and approval by the Planning Commission.
7. Application Requirements: In addition to the applicable requirements Article
XV, Standards for Special Approval Use, and Article XVI, Site Plan Review, the
following information shall be provided in support of an application to
construction of a wireless telecommunication facility:
a. Certification from a Michigan licensed professional engineer as to the manner
in which the proposed wireless telecommunication tower is designed to
collapse.
b. A report which addresses the review criteria contained in subsection 8,
below. This report shall include a map depicting the existing and know
proposed location of wireless telecommunication facilities, including wireless
telecommunication antenna attached to alternative tower structures, within
Dundee Township as well as within the proposed service area radius. Known
proposed locations shall include, at minimum, pending telecommunication
facility applications in adjacent communities, approved telecommunication
facility applications in adjacent communities which have not yet been
constructed, and sites which are a part of the applicant’s long-term network
development plan.
c. The name, address, and telephone number of the person to contact regarding
site maintenance or other notification purposes. This information shall be
periodically updated by the facility owner.
d. A statement which indicates the applicant’s intent to allow the co-location
of other antenna, provided that the cost of modifying the existing tower is
borne by the co-locating entity and reasonable compensation is paid by the
co-locating entity.
e. The Planning Commission may require a visual impact assessment to
determine the visual impact of the wireless telecommunication facility on
scenic views.
8. Review Criteria: A wireless telecommunication facility shall not be approved
unless it can be demonstrated by the applicant that there is a need for the
facility which cannot be met by placing wireless telecommunication antenna on
an existing tower or other suitable structure, or replacement of an existing tower:
50
a. No existing towers or alternative tower structures have the structural capacity
to support the proposed antenna nor can existing towers or alternative tower
structures be reinforced to support the proposed antenna.
b. No existing towers or alternative tower structures are located within the
geographic area which meets the systems engineering requirements.
c. The cost of using an existing tower or other suitable structure or replacing
an existing tower exceeds the cost of constructing a new wireless
telecommunication facility.
d. The installation or use of an alternative technology is unsuitable or infeasible.
9. Removal of Abandoned Facilities: Any wireless telecommunication tower or
antenna that is not operated for a continuous period of 12 months shall be
considered abandoned and the owner of such tower or antenna shall remove the
same within 90 days of receiving an abandonment notification from the Township.
Failure to remove an abandoned tower or antenna within 90 days shall be grounds
for the Township to remove the tower or antenna at the owner’s expense. The
Planning Commission may require the applicant to post a bond in an amount
equal to the reasonable cost of removal for the tower and/or antenna. If a bond
is to be required, the Planning Commission shall include the requirement as a
condition of approval.
Section 5.40 USES NOT OTHERWISE INCLUDED WITHIN A DISTRICT
(Ord. 3-04-01 – Eff. 3/23/04)
A land use which is not cited by name as a permitted use in a zoning district may be
permitted upon determination by the Planning Commission that such use is clearly
similar in nature and compatible with the principal uses permitted by right or
special approval uses listed in that district. Such determination shall be made at a
public hearing, with notice given following the procedures contained in Article 15.
Such public hearing shall not replace the requirement for a separate public hearing
to consider a special approval use, following the procedures and requirements of
Article 15, if such use is determined to be a special approval use. The applicant shall
be required to submit pertinent information on the physical and operational
characteristics of the proposed use and any additional information that may be
requested by the Planning Commission.
1. Determination of Compatibility: In making the determination of compatibility,
the Planning Commission shall consider specific characteristics of the use in
question and compare such characteristics with those of the uses which are
expressly permitted by right of special approval in the district. Such
characteristics shall include, but are not limited to, traffic generation, parking,
types of service offered, types of goods produced, methods of operation, and
building characteristics.
2. Conditions by Which Use May be Permitted: If the Planning Commission
determines that the proposed use is compatible with permitted uses in the district,
the Commission shall decide whether the proposed use is most similar to those
uses permitted by right or as a special approval use. The proposed use shall be
subject to the review and approval requirements for the district in which it is
located. The Planning Commission shall have the authority to establish additional
standards and conditions under which a use may be permitted in a district.
3. Use Provided For in Other District: No use shall be permitted in a district
under the terms of this Section if said use is specifically listed as a use permitted
by right or as a special approval use in any other district.
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Section 5.41 PARKING OF SEMI-TRUCKS AND CONSTRUCTION
EQUIPMENT
ON AGRICULTURAL AND/OR RESIDENTIAL LOTS (Ord. 3-04-01 –
Eff. 3/23/04)
The storage or parking of semi-tractor trucks and/or semi-trailers, bulldozers, earth
carriers, cranes or any other similar equipment or machinery in an agricultural or
residential district is prohibited with the exception of the following:
1. In an agricultural district parking and storage of such larger vehicles for farming
operations is permitted provided such vehicles are used exclusively for such
agricultural use. The vehicles may be used for other offsite uses that are not
associated with the agricultural uses provided while such vehicles are on the
property, they shall only be used for agricultural purposes. In order to qualify
for the additional use, the owner of the vehicle(s) shall petition the Planning
Commission, providing a plan for use. Notice of the Planning Commission hearing
shall be sent to the owners and occupants of all lots adjacent to the petitioner’s
lot, no more than eight (8) days prior to the hearing. The Planning Commission
may grant approval to allow the additional use based upon finding that:
a. All vehicles are owned by the property owner of record; and,
b. The vehicles are parked and used in a manner that will not have an adverse
impact on the aesthetic character of the surrounding area or landscaping
will be provided to mitigate any aesthetic impact; and,
c. The location of the vehicles parking shall not be located within a required
front or side yard setback. The setback must be equal to or greater than the
dwelling setback.
2. In an agricultural or residential district parking of one (1) semi-tractor without
a trailer is permitted on a residential lot where the operator of such semi-tractor
resides within the principal dwelling on that lot. An individual may petition the
Planning Commission to allow a second semi-tractor on the lot. The petitioner
shall provide a sketch plan or survey of the property illustrating the location(s)
where the semi-tractors will be parked. Notice of the Planning Commission
hearing shall be sent to the owners and occupants of all lots adjacent to the
petitioner’s lot no more than eight (8) days prior to the hearing. The Planning
Commission may grant approval to allow a second semi-tractor on the lot based
upon a finding that:
a. Both semi-tractor operators reside within the principal dwelling on that lot:
and,
b. The semi-tractors are parked in a location that will not have an adverse
impact on the aesthetic character of the surrounding area or landscaping
will be provided to mitigate any aesthetic impact; and
c. The location of the semi-tractor parking shall not be located within a required
front or side yard setback. The set back must be equal to or greater than the
dwelling setback.
3. Construction vehicles may be parked while in use for approved construction on
the property only while a current building permit is in effect or during other site
landscaping or utility work not subject to a building permit. Such vehicles shall
only be parked on the property while in use for a construction project that is
being diligently carried on toward completion.
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Section 5.42 GARAGE SALES (Ord. 3-04-01 – Eff. 3/23/04)
Garage sales, yard sales, barn sales or similar activities shall be permitted as an
accessory use on a residential lot, provided the total time of all garage sales shall not
exceed fourteen (14) days within a calendar year.
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ARTICLE VI
NON-CONFORMING USES AND BUILDINGS
SECTION 6.1 NON-CONFORMANCE REGULATED
Any lawful use of the land or building existing at the date of passage of this Ordinance
and located in a district in which it would not be permitted as a new use under the
regulations of this Ordinance, is hereby declared to be a ―non-conforming use‖ and
not in violation of this Ordinance, provided however, that a non-conforming use
shall be subject to, and the owner comply with, the regulations in this Article.
SECTION 6.2 NON-CONFORMING USES OF LAND
Where at the time of passage of this Ordinance lawful use of land exists which would
not be permitted by the regulations imposed by this Ordinance, and where such use
involves no individual structure with an assessed value exceeding $500.00, the use
may be continued so long as it remains otherwise lawful provided:
1. No such non-conforming use shall be enlarged or increased, nor extended to
occupy a greater area of land that was occupied at the effective date of adoption
or amendment of this Ordinance.
2. No such non-conforming use shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use at the effective date of
adoption or amendment of this Ordinance.
3. If any such non-conforming use of land ceases for any reason for a period of
more than twelve (12) months, such land shall conform to the regulations specified
by this Ordinance for the district in which such land is located.
4. No additional structure not conforming to the requirements of this Ordinance
shall be erected in connection with such non-conforming use of land.
SECTION 6.3 NON-CONFORMING USES OF STRUCTURES
If lawful use involving individual structures with an assessed value of five hundred
(500) dollars or more or if, structure and premises in combination, exists at the
effective date of adoption of this Ordinance that would not be allowed in the district
under the terms of this Ordinance, the lawful use may be continued so long as it
remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance in the
district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the use of the
structure to a use permitted in the district in which it is located.
2. If any such non-conforming use of a structure ceases for any reason for a period
of more than six (6) months, such use shall conform to the regulations specified
by this Ordinance for the district in which such use is located.
3. Any non-conforming use may be extended throughout any part of a building
which was manifestly arranged or designed for such use at the time of adoption
or amendment of this Ordinance, but no such use shall be extended to occupy
any land outside such building.
4. If no structural alterations are made, any non-conforming use of a structure, or
structure and premises, may be changed to another non-conforming use provided
that the proposed use is equally appropriate or more appropriate to the district
54
than the existing non-conforming use or to a use permitted in a more restricted
district, it shall not thereafter be changed to a non-conforming use or a use not
permitted in the more restricted district.
5. Where non-conforming use status applies to a structure and premises in
combination, removal or destruction of the entire structure shall eliminate the
non-conforming status of land.
SECTION 6.4 NON-CONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions
on area, lot coverage, height, yards, its location on the lot, or other requirements
concerning the structure, such structure may be continued as long as it remains
otherwise lawful, subject to the following provisions:
1. No such non-conforming structure may be enlarged or altered in a way which
increases its non-conformity, but any structure or portion thereof may be altered
to decrease its non-conformity.
2. If any such non-conforming structure ceases being used for any reason for a
period of more than six (6) months, any subsequent use of such structure shall
conform to the regulations specified by this Ordinance for the district in which
such structure is located.
SECTION 6.5 NON-CONFORMING LOTS OF RECORD
In any district in which single-family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this Ordinance, a single-family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption or amendment of this Ordinance. This provision shall
apply even though such lots fail to meet the requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and other
requirements not involving area or width or both, of the lot shall conform to the
regulations for the district in which such lot is located.
SECTION 6.6 REPAIRS AND MAINTENANCE
On any non-conforming structure or portion of a structure containing a nonconforming
use, work may be done in any period of twelve (12) consecutive months
on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring,
or plumbing to an extent not exceeding twenty-five (25) percent of the current State
Equalized Valuation of the non-conforming structure or non-conforming portion of
the structure as the case may be, provided that the cubic content existing when it
became non-conforming shall not be increased.
If a non-conforming structure or portion of a structure containing a non-conforming
use becomes physically unsafe or unlawful due to a lack of repairs and maintenance,
and is declared by the Building Inspector to be unsafe or unlawful by reason of
physical condition, it shall not thereafter be restored, repaired, or rebuilt except in
conformity with the regulations of the district in which it is located.
SECTION 6.7 RECONSTRUCTION OF DAMAGED NON-CONFORMING
BUILDINGS
AND STRUCTURES
Nothing in this Ordinance shall prevent the reconstruction repair, or restoration
and the continued use of any non-conforming building or structure damaged by fire,
collapse, explosion, Acts of God, or acts of public enemy, subsequent to the effective
55
date of this Ordinance, wherein the expense of such reconstruction does not exceed
sixty (60) percent of the State Equalized Valuation of the entire building or structure
at the time such damage occurred; and provided that such restoration and resumption
shall take place within six (6) months of the time of such damages and it be completed
within one (1) year from time of such damage, and provided further, that said use be
identical with non-conforming use permitted and in effect directly preceding said
damage. Where pending insurance claims require an extension of time, the Building
Inspector may grant a time extension provided that the property owner submits a
certification from the insurance company attesting to the delay. Until such time as
the debris from the fire damage is fully removed, the premises shall be adequately
fenced or screened from access by children who may be attracted to the premises.
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ARTICLE VII
AG-1 AND AG-2, AGRICULTURAL DISTRICTS
SECTION 7.1 STATEMENT OF PURPOSE
1. The purpose of the AG-1 Agricultural District is to preserve and protect the
Township’s supply of prime agricultural land. This district is also established to
control the indiscriminate infiltration of urban development into agricultural
areas which will adversely affect the agricultural use of land. This district is
intended to apply to areas designated as prime farmland in the Agricultural
section of the Township Master Plan and areas designated as Agricultural on
the Future Land Use Map. (Eff. 3-06)
2. The purpose of the AG-2 Agricultural District is to maintain agricultural uses in
the rural reserve areas of the Township, while allowing limited amount of rural
residential development. This district is intended to apply to areas designated
as rural reserve in the Agricultural section of the Township Master Plan to the
east of US-23. (Eff. 3-06)
SECTION 7.2 PRINCIPAL PERMITTED USES
In the Agricultural District, no uses shall be permitted unless otherwise provided in
this Ordinance, except the following:
1. Single-family farm dwellings
2. Homestead residential dwellings
3. Farms, which shall include: 1) tree fruit production, 2) small fruit production, 3)
field crop production, 4) forage and sod production, 5) livestock and poultry
production, 6) fiber crop production, 7) apiary production, 8) maple syrup
production, 9) mushroom production and 10) greenhouse production, subject
to c below; and all structures, machinery, vehicles, uses, activities and storage
incidental to and a necessary part of the commercial production of farm products.
(Eff. 11/02)
a. Farm buildings shall not be located nearer than one hundred (100) feet
from a lot line or one hundred (100) feet from any dwelling. (Eff. 11/02)
b. Horses, cattle or similar livestock shall be confined in a suitable fenced area
or other enclosure. Such enclosure shall be set back one hundred (100) feet
from any adjacent dwelling. (Eff. 11/02)
c. Nurseries with no more than 15,000 square feet of total greenhouse area or
five (5) acres of plant production area. Larger nurseries shall only be permitted
after special approval under Section 7.3. (Eff. 11/02)
4. General farming including livestock and poultry raising, dairying, horticulture,
farm forestry and similar bonafide agricultural enterprises or use of land and
structure, except that no farm operated wholly or in part for the disposal of
garbage, sewage, rubbish, offal or wastes from rendering plants or slaughter
houses shall be permitted. A suitable fence or other enclosure shall be erected
around the entire premises for outside use by horses, cattle or similar livestock.
5. Truck gardening and nurseries
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6. Roadside stands for the display and sale of produce raised on the same premises,
which shall be located not less than twenty-five (25) feet from the street or
highway right-of-way line and further provided than an open space for parking,
twenty-five (25) feet off the highway or street right-of-way be provided for patrons
of such roadside produce stand. A maximum of one (1) roadside stand shall be
permitted on any premises.
7. Farmponds as defined in Article II, constructed and maintained according to
Soil Conservation Service specifications, and having a permit from the Michigan
Department of Natural Resources according to Act 346, P.A. 1972, The Inland
Lakes and Streams Act.
8. Accessory buildings and uses customarily incidental to the above Principal
Permitted Uses.
9. Off-street parking in accordance with the requirements of Article XX.
10. Mobile Homes in accordance with the provisions outlined in Article XVII A.
11. Adult foster care family home (6 or fewer adults) effective December 6, 2006
12. Foster family home (6 or fewer children 24 hours per day)effective December 6,
2006
13. Family day care home (6 or fewer children less than 24 hours per day) effective
December 6, 2006
SECTION 7.3 PERMITTED USES AFTER SPECIAL APPROVAL
The following uses shall be permitted subject to the conditions hereinafter imposed
and subject further to the approval of the Township Board, after recommendation
from the Planning Commission.
1. Publicly owned buildings, public utility buildings, telephone exchange buildings,
electric transformer stations and substations, and gas regulator stations, but
not including storage yards, when operating requirements necessitate locating
within the District to serve the immediate vicinity, and such use is not injurious
to the surrounding area.
2. Private parks, country clubs, gun clubs, golf courses, and golf driving ranges.
Any structure on said parcel is located at least two hundred and fifty (250) feet
from a lot line of any adjacent Residential District, all ingress and egress from
said parcel is directly onto a major thoroughfare.
3. The raising of fur bearing animals and kennels, provided that no building wherein
animals are kept shall be located nearer than one hundred (100) feet to any
dwelling unit, and that no dog run or exercise area shall be located in any
required yard space.
4. Cemeteries, subject to the following conditions:
a. The cemetery site shall contain an area of at least twenty (20) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All egress and ingress to the site shall be directly
onto said major thoroughfare.
c. The perimeter of the site shall be fenced in accordance with Section 5.33.
d. Any structure located on the site shall be at least one hundred (100) feet
from any lot line.
5. Airports, landing fields and platforms, hangars, masts and other facilities for
the operation of aircraft, provided that the site shall be so located as to have at
58
least one (1) property line abutting a major thoroughfare. All ingress and egress
to the site shall be directly onto said major thoroughfare.
6. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. Unless established prior to the enhancement of this Ordinance, a church
site shall contain an area of at least two (2) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All ingress and egress to the site shall be directly
onto said major thoroughfare.
7. Nursery schools, day nurseries, child care centers (not including dormitories) and
group day care home with more than six (6) children: effective December 6, 2006
provided that
a. For each child so cared for, there shall be provided and maintained
a minimum of seven hundred (700) square feet of outdoor play area. Such play
space shall be screened from any adjoining lot in any residential district in accordance
with section 5.31 effective December 6, 2006.
b. Nursery schools, day nurseries, child care center and group day care homes shall be
located at least one thousand five hundred (1,500) feet from any other day care use
(effective December 6, 2006)
c. An on-site drive shall be provided for drop/offs loading. This drive shall be arranged
to allow maneuvers without affecting traffic flow on the public street. (effective
December 6, 2006
8. Hospitals, provided the following requirements are met:
a. Minimum site size shall be five (5) acres.
b. The lot location shall be such that at least one (1) property line abuts a
major thoroughfare. The ingress and egress for off-street parking facilities
for guests and patients shall be directly from said thoroughfare.
c. Minimum main and accessory building setback shall be one hundred (100)
feet.
d. Ambulance and emergency entrance areas shall be visually screened from
the view of adjacent residential uses by a structure or by a masonry wall of
six (6) feet or more in height.
e. No power plant or laundry shall be located nearer than three hundred (300)
feet to any adjacent residential use.
9. Temporary uses and buildings, including temporary buildings or structures for
use incidental to construction work.
10. Home occupations as defined in Article II.
11. The removal of soil, sand or other materials but not being an extractive operation,
subject to the procedures of Section 18.02, herein.
12. Public stables and riding academies provided that any building used as a stable
shall not be located nearer than sixty (60) feet to any property line and not
nearer than one hundred (100) feet to any dwelling unit. (Ord. 1B-7, eff. 6-23-92)
13. Offices of a veterinarian and animal clinics.
14. Publicly owned and operated parks, playfield, and other recreational facilities.
15. Public, parochial or private elementary, intermediate and/or high schools offering
courses in general education, not operated for profit.
16. Commercial radio, and television subject to the regulations of Section 5.29. (Ord.
1B-6, eff. 2-90)
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17. Two family dwelling. (Ord. 1B-7, eff. 6-23-92)
18. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.3.9.
19. Adult foster care small group home (7 to 12 adults); provided the group home shall
be at least one thousand five hundred (1,500) feet from another group home or similar
state licensed facility. The Planning Commission shall determine that the facility will not
result in an excessive concentration of adult care facilities within a
neighborhood.(effective December 6, 2006)
SECTION 7.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS
Area, Height, Bulk, and Placement Requirements unless otherwise specified and as
provided in Article XIV.
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ARTICLE VIII
RIA, R1B AND R1C SINGLE FAMILY RESIDENTIAL DISTRICTS
(Ord. 1B-7, eff. 6-23-92)
SECTION 8.1 STATEMENT OF PURPOSE
The Single-Family Residential Districts are established as districts in which the
principal use of land is for single-family dwellings. For the single-family residential
districts, in promoting the general purposes of this Ordinance, the specific intent of
this Section is:
1. To encourage the construction of, and the continued use of the land for single family
dwellings.
2. To prohibit business, commercial or industrial use of the land, and to prohibit
any other use which would substantially interfere with development or
continuation of single-family dwellings in the district.
3. To encourage the discontinuance of existing uses that would not be permitted
as new uses under the provisions of this Ordinance.
4. To discourage any land use which would generate traffic on minor or local streets
other than normal traffic to serve the residences on those streets.
5. To discourage any use which, because of its character or size, would create
requirements and costs for public services, such as fire and police protection,
water supply and sewage, substantially in excess of such requirements and
costs if the district were developed solely for single-family dwellings.
SECTION 8.2 PRINCIPAL PERMITTED USES
In the R1A, R1B and R1C Districts, no uses shall be permitted unless otherwise
provided in this Ordinance except the following: (Ord. 1B-7, eff. 6-23-92)
1. Single family detached dwellings.
2. Publicly owned and operated parks, playfields, museums, libraries and other
recreation facilities.
3. Public, parochial or private elementary, intermediate and/or high schools offering
courses in general education, not operated for profit.
4. Accessory buildings and uses customarily incidental to the above Principal
Permitted Uses.
5. Off-street parking in accordance with the requirements of Article XX.
6. Mobile Homes in accordance with the provisions outlined in Article XVII A.
7. Adult foster care family home (6 or fewer adults)effective December 6, 2006
8. Foster family home (6 or fewer children 24 hours per day)effective December 6, 2006
9. Family day care home (6 or fewer children less than 24 hours per day)effective
December 6, 2006

SECTION 8.3 PERMITTED USES AFTER SPECIAL APPROVAL
The following uses shall be permitted subject to the conditions hereinafter imposed
and subject further to the approval of the Township Board after recommendation
from the Planning Commission.
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1. Private parks, country clubs, golf courses, and golf driving ranges, when located
on a continuous parcel of five (5) acres or more in area; when any structure on
said parcel is located at least two hundred (200) feet from a lot line on any
adjacent residential thoroughfare.
2. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. Unless established prior to the enactment of this Ordinance, a church site
shall contain an area of at least two (2) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All ingress and egress to the site shall be directly
onto said major thoroughfare.
c. Whenever the off-street parking area is adjacent to land zoned for residential
purposes, a continuous and obscuring wall not less than five (5) feet in
height shall be provided along the sides of the parking area adjacent to the
residentially zoned land in accordance with Section 5.31.
3. Publicly owned buildings, public utility buildings, telephone exchange buildings,
electric transformer stations and substations, and gas regulator stations, but
not including storage yards, when operating requirements necessitate locating
within the district to serve the immediate vicinity, and such use is not injurious
to the surrounding neighborhood.
4. Nursery schools, day nurseries child care centers (not including dormitories)and group
day care home with more than six (6) children; provided that(effective December 6,
2006)
        a. For each child so cared for, there shall be provided and maintained
a minimum of seven hundred (700) square feet of outdoor play area. Such play
space shall be screened from any adjoining lot in any residential district in
accordance with Section 5.31.
         b. Nursery schools, day nurseries, child care centers and group day care homes
shall be located at least one thousand five hundred (1,500) feet from any other day care
use.(effective December 6, 2006)
         c. An on-site drive shall be provided for drop offs/loading. This drive shall be
arranged to allow maneuvers without affecting traffic flow on the public street.(effective
December 6, 2006)
5. Cemeteries, subject to the following conditions:
a. The cemetery site shall contain an area of at least twenty (20) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All ingress and egress to the site shall be directly
onto said thoroughfare.
6. Recreational ponds as defined in Article II, situated on parcels of less than ten
(10) acres, constructed and maintained according to Soil Conservation Service
specifications, having a permit from the Michigan Department of Natural
Resources as required according to Act 346, P.A. 1972, The Inland Lakes and
Streams Act, and fenced. Said fence shall be constructed of at least 5' of #12 1/
2 gauge, 2" x 4" welded wire secured to metal posts.
7. Two family dwelling (Ord. 1B-7, eff. 6-23-92)
8. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.3.9.
9. Home occupations, as defined in Article II.(effective December 6, 2006).
10. Adult foster care small group home (7 to 12 adults); provided the group home shall be
at least one thousand five hundred (1,500) feet from another group home or similar state
licensed facility. The Planning Commission shall determine that the facility will not
result in an excessive concentration of adult care facilities within a
neighborhood.(effective December 6, 2006).

SECTION 8.4 AREA, HEIGHT, BULK, AND PLACEMENT REQUIREMENTS
Area, Height, Bulk and Placement Requirements unless otherwise specified and as
provided in Article XIV.
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ARTICLE IX
RE, RURAL ESTATE RESIDENTIAL DISTRICT
SECTION 9.1 STATEMENT OF PURPOSE
The Rural Estate Residential District is established to permit single-family residential
development of a rural non-farm nature in areas without public sewer and water
facilities. For the Rural Estate Residential District, in promoting the general purpose
of this Ordinance, the specific intent of this Section is:
1. To encourage the construction of and the continued use of the land for singlefamily
dwellings.
2. To prohibit business, commercial or industrial use of the land, and to prohibit
any other use which would substantially interfere with development or
continuation of single-family dwellings in the district.
3. To encourage the discontinuance of existing uses that would not be permitted
as new uses under the provisions of this Ordinance.
4. To discourage any land use which would generate traffic on minor or local streets
other than normal traffic to serve the residences on those streets.
5. To discourage any use which, because of its character or size, would create
requirements and costs for public services, such as fire and police protection,
water supply, and sewerage, substantially in excess of such requirements and
costs if the district were developed solely for single-family dwellings.
SECTION 9.2 PRINCIPAL PERMITTED USES
In the Rural Estate Residential District no uses shall be permitted, unless otherwise
provided in this Ordinance, except the following:
1. Single-family detached dwellings.
2. The growing of vegetables, fruit, flowers, trees and shrubs.
3. Publicly owned and operated museums, parks, playfields, libraries and other
recreational facilities.
4. Public parochial or private elementary, intermediate and/or high schools offering
courses in general education, not operated for profit.
5. Accessory buildings and uses customarily incidental to the above principal
permitted uses.
6. Off-street parking in accordance with the requirements of Article XX.
7. Mobile Homes in accordance with the provisions outlined in Article XVII A.
8. Adult foster care family home (6 or fewer adults). Effective December 6, 2006
9. Foster family home (6 or fewer children less than 24 hours a day(effective December
6, 2006.
10. Family day care home (6 or fewer children less than 24 hours per day) effective
December 6, 2006.

SECTION 9.3 PERMITTED USES AFTER SPECIAL APPROVAL
The following uses shall be permitted subject to the conditions hereinafter imposed
and subject further to the approval of the Township Board after recommendation
from the Planning Commission.
63
1. Churches and other facilities normally incidental thereto subject to the following
conditions.
a. Unless established prior to the enactment of this Ordinance, a church site
shall contain an area of at least two (2) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All ingress and egress to the site shall be directly
onto said major thoroughfare.
c. Wherever the off-street parking area is adjacent to land zoned for residential
purposes, a continuous and obscuring wall not less than five (5) feet in
height shall be provided along the sides of the parking area adjacent to the
residentially zoned land in accordance with Section 5.31.
2. Publicly owned buildings, public utility buildings, telephone exchange buildings,
electric transformer stations and substations, and gas regulator stations,
but not including storage yards, when operating requirements necessitate locating
within the District to serve the immediate vicinity, and such use is not
injurious to the surrounding neighborhood.
3. Nursery schools, day nurseries child care centers (not including dormitories)and group
day care home with more than six (6) children; provided that

a. For each child so cared for, there shall be provided and maintained
a minimum of seven hundred (700) square feet of outdoor play area.
Such play space shall be screened from any adjoining lot in any residential
district in accordance with Section 5.31.
b. Nursery schools, day nurseries, child care centers and group day care homes shall
located at one thousand five hundred (1,500) feet from any other day care use. (Effective
December 6, 2006)
c. An on-site drive shall be provided for drop offs\loading. This drive shall be arranged
to allow maneuvers without affecting traffic flow on the public street.(Effective
December 6, 2006)

4. Cemeteries, subject to the following conditions:
a. The cemetery site shall contain an area of at least twenty (20) acres.
b. The site shall be so located as to have at least one (1) property line abutting
a major thoroughfare. All ingress and egress to the site shall be directly
onto said major thoroughfare.
c. The perimeter of the site shall be fenced in accordance with Section 5.33.
d. Any structure located on the site shall be at least one hundred (100) feet
from any lot line.
5. Private parks, racquet or tennis clubs, golf courses, and golf driving ranges,
when located on a continuous parcel of five (5) acres or more in area; when any
structure on said parcel is located at least two hundred and fifty (250) feet from
a lot line of any adjacent residential district; and when all ingress and egress
from said parcel is directly onto a major thoroughfare.
6. Home occupations as defined in Article II.
7. Temporary uses and buildings, including buildings and structures for use incidental
to construction work for a period not to exceed one (1) year.
8. Recreational ponds as defined in Article II, situated on parcels of less than ten
(10) acres, constructed and maintained according to Soil Conservation Service
specifications, having a permit from the Michigan Department of Natural Resources
as required according to Act 236, P.A. 1972 The Inland Lakes and Streams
Act, and fenced. Said fence shall be constructed of at least 5' of #12 1/2 gauge
2" x 4" welded wire secured to metal posts.
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9. Two family dwelling (Ord. 1B-7, eff. 6-23-92)
10. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.3.9.
11. Adult foster care small group home (7 to 12 adults); provided the group home shall
be at least one thousand five hundred (1,500) feet from another group home or similar
state licensed facility. The Planning Commission shall determine that the facility will not
result in an excessive concentration of adult care facilities within a
neighborhood.(effective December 6, 2006)
SECTION 9.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS
Area, Height, Bulk and Placement Requirements unless otherwise specified and as
provided in Article XIV ―Schedule of Regulations‖.
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ARTICLE X
RM, MULTIPLE FAMILY RESIDENTIAL DISTRICT
SECTION 10.1 STATEMENT OF PURPOSE
The Multiple-Family Residential District is designed to permit an intensive residential
use of land. RM areas shall abut upon major thoroughfares for good accessibility
and may be located between single-family residential areas and other non-residential
uses. It is intended that various sizes of residential accommodations, for ownership
and rental, shall be provided to meet the needs of the community.
SECTION 10.2 PRINCIPAL PERMITTED USES
In the RM District, no uses shall be permitted, unless otherwise provided in this
Ordinance, except the following:
1. All Principal Uses Permitted, and Permitted Uses After Special Approval under
Section XIV in the R1A, R1B and R1C Districts subject to the terms and conditions
therein, except that:
a. cluster subdivisions shall not be permitted; and
b. wireless telecommunication facilities are subject to special use approval.
2. Multiple-family dwellings provided that all such dwellings shall have at least
one (1) property line abutting a major thoroughfare. All ingress and egress shall
be directly onto said thoroughfare.
3. Two family dwellings
4. Community garages serving the principal residential building.
5. Maintenance and management buildings to serve multiple dwellings.
6. Private swimming pools designed and operated as an accessory use only for
occupants of the main building or buildings and their personal guests in
accordance with Section 5.35.
7. Hospitals, provided the following conditions are met.
a. All such hospitals shall be developed only on sites consisting of at least five
(5) acres in area.
b. The proposed site shall have at least one (1) property line abutting a major
thoroughfare. All ingress and egress to the off-street parking area, for guests,
employees, staff as well as any other uses of the facilities, shall be directly
onto said major thoroughfare.
c. In the event one or more boundaries of the proposed site lies opposite or
contiguous to a residential district, the minimum distances between any
hospital structure or accessory use and the residential district boundary
shall be at least one hundred (100) feet for buildings containing two (2)
stories or less. For buildings above two (2) stories, the building shall be set
back from the initial one hundred (100) foot setback an additional one (1)
foot for each foot of additional height above two (2) stories.
d. The minimum distance from any street line shall not be less than forty (40)
66
feet for buildings containing two (2) stories or less, while buildings above
two (2) stories, regardless of what zoning district is adjacent the proposed
hospital site, shall be set back an additional one (1) foot for each five (5) feet
of height above two (2) stories.
e. The minimum distance from any non-residential lot line shall not be less
than twenty-five (25) feet.
f. The site plan shall show any future construction and projected maximum
patient census.
g. Ambulance and delivery areas shall be obscured from all residential view
with a wall or barrier of suitable material at least six (6) feet in height.
h. Noise producing activities, such as ambulance and delivery areas, power
plants and laundry facilities, shall be located not less than five hundred
(500) feet from any residential area.
8. Convalescent and/or nursing homes not to exceed a height of two and one-half
(2 1/2) stories when the following conditions are met:
a. All such convalescent or nursing homes shall be developed only on sites
consisting of at least five (5) acres in area.
b. The proposed site shall have at least one (1) property line abutting a major
thoroughfare. All ingress and egress to the off-street parking area, for guests,
employees, staff as well as any other uses of the facilities, shall be directly
onto said major thoroughfare.
c. No building shall be closer than forty (40) feet from any property line.
9. Boarding house (rooming house) not to exceed a height of three (3) stories.
10. Accessory buildings and uses customarily incidental to the above principal
permitted uses.
11. Off-street parking in accordance with the requirements of Article XX.
12. Mobile Home Parks constructed, licensed, operated and managed in accordance
with provisions of the Mobile Home Commission Act, Act 419, P.A. 1976, and
connected to a public water or sewer system and/or on-site water and wastewater
treatment system acceptable by the Michigan Department of Public Health and
Michigan Department of Natural Resources, and subject further to the
requirements of Article XVII.
13. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.3.9.
SECTION 10.3 AREA, HEIGHT, BULK, AND PLACEMENT REQUIREMENTS
Area, Height, Bulk, and Placement Requirements unless otherwise specified and as
provided in Article XIV.
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ARTICLE XI
C, COMMERCIAL DISTRICT
SECTION 11.1 STATEMENT OF PURPOSE
This district is established to provide suitable location for retail, service and
professional office enterprises which service a localized market area. Goods and
services to be provided by establishments in this district are classified as
―convenience‖, as distinguished from ―comparison‖, goods and services, because
they serve the day to day needs of a neighborhood or group of neighborhoods. With
the exception of supermarkets, establishments in this district will generally be small
in floor and site area.
This district is intended to encourage consolidation of business establishments,
particularly as neighborhood shopping centers. Consolidations other than shopping
centers are also encouraged with the intent of avoiding strip commercial development,
lessening traffic congestion by reducing the number of commercial driveways opening
onto major streets, and improving the safety and convenience of consumers.
SECTION 11.2 PRINCIPAL PERMITTED USES
In the C District, no use shall be permitted, unless otherwise provided in this
Ordinance, except the following:
1. Retail establishments for the sale of alcoholic beverages, baked goods, bicycles,
books, confection, drugs, flowers, groceries, hardware, hobby equipment, jewelry,
music, notions, paints, periodicals, sundry, small household articles, tobacco
and similar establishments.
2. Personal service establishments performing services on the premises, such as
barber and beauty shops; watch, radio, television, clothing and shoe repair,
tailor shops, locksmiths, and similar establishments.
3. Laundry or dry cleaning customer outlets, coin-operated laundromats, self-serve
dry cleaning centers and the like. Dry cleaning or laundry plants serving more
than one customer service outlet are prohibited.
4. Eating and drinking establishments when food or beverage is consumed within
a completely enclosed building. Establishments with a character of a drive-in
or open store are prohibited.
5. Carry-out restaurants
6. Public utility buildings and uses but not including storage yards, when operating
requirements necessitate locating within the district to serve the immediate
vicinity.
7. Any retail business whose principal activity is the sale or rental of merchandise
within a completely enclosed building.
8. Business service establishments performing services on the premises such as
office machine and typewriter repair, printing and blue printing.
9. Any service establishment of an office, showroom, or workshop nature within a
completely enclosed building of a taxidermist, decorator, upholster, caterer,
68
exterminator, building contractor (including electrical, glazing, heating, painting,
hanging, plumbing, roofing, ventilating and plastering), except outside storage
yards and similar establishments that require a retail adjunct.
10. Photographic film developing and processing.
11. Physical culture establishments, including gymnasiums, reducing salons,
masseurs and steam baths.
12. Television and radio studios and towers subject to the requirements of Section
5.29.
13. Assembly halls.
14. Funeral parlors or mortuaries.
15. Hotels and Motels.
16. Other uses similar to the above, subject to the following restrictions:
a. All goods produced on the premises shall be sold at retail on the premises
where produced.
b. All business or servicing, except for off-street parking and loading, shall be
conducted within a completely enclosed building.
17. Bus passenger stations.
18. Off-street parking lots.
19. Accessory buildings and uses customarily incidental to the above principal
permitted uses.
20. Off-street parking in accordance with the requirements of Article XX.
21. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.39.
SECTION 11.3 PERMITTED USES AFTER SPECIAL APPROVAL
The following uses may be permitted subject to the conditions hereinafter imposed
and subject further to the approval of the Township Board after recommendation
from the Planning Commission.
1. Planned neighborhood shopping centers subject to the following requirements:
a. Minimum site size shall be two (2) acres.
b. A wall or barrier of suitable material not less than five (5) feet high shall be
constructed along those property lines which abut a residential district.
c. No main or accessory buildings shall be located nearer than twenty-five (25)
feet to any perimeter property line.
d. A landscape plan which includes the entire site shall be submitted for
approval to determine compliance with screening and planting strips.
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e. All signs shall be affixed to the face of the building and shall be a uniform
design throughout except for one ground pole sign advertising the name of
the shopping center.
f. All off-street parking shall be within its own area, as specified in Article XX
and an internal system of roads and walks which will effectively separate
pedestrian and vehicular traffic is required.
2. Hospitals, nursing homes, or convalescent homes, but not including institutions
for the care of the feebleminded or insane.
3. Automobile car wash establishments including steam-cleaning, but not rustproofing,
provided off-street waiting space is provided in accordance with Section
20.2.
4. Veterinary hospitals and clinics.
5. Drive-in restaurants or other drive-in establishments serving food and/or
beverage, provided that the entrance to or exit from any such use is located at
least thirty-five (35) feet from the intersection of any two (2) streets, that all such
uses shall have direct access to a major thoroughfare, that all lighting or
illuminated display shall not reflect onto any adjacent residential zone, and that
consideration is given to proximity of existing places of congregation of children
(e.g. schools) regarding traffic safety and sanitation.
6. Automobile gasoline and automobile service stations subject to the requirements
of Section 5.17.
7. Wholesale stores, storage facilities, buildings warehouses, distributing plants,
freezers, and lockers.
8. Open air business uses as follows:
a. Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer,
trellises, lawn furniture, playground equipment, and other home garden
supplies and equipment.
b. Retail sales of fruit and vegetables.
c. Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature
golf, golf driving ranges, children’s amusement parks or similar recreation
uses.
d. Bicycle, trailer, motor vehicles, boat or home equipment rental services.
e. Outdoor display and sale of garages, swimming pools and similar uses.
9. New and used car sales rooms, including outdoor sales space.
10. Salesrooms and outdoor sales space for recreation vehicles, including boats,
snowmobiles, travel trailers, campers, tents and accessory equipment.
11. Planned Community Shopping Centers, provided the following criteria are met:
a. Such center shall consist of a group of establishments engaging exclusively
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in retail business or service, arranges as a functionally coherent unit, together
with appurtenant features, such as parking areas and storage facilities.
b. Such center shall occupy a site of not less than ten (10) acres.
c. No main or accessory building shall be situated less than fifty (50) feet from
any perimeter property line.
d. A planting strip of at least ten (10) feet wide shall be provided around the
entire perimeter of the site except for driveways onto the public street system.
A wall or barrier of suitable material not less than five (5) feet high shall be
constructed along those property lines which abut a residential district.
e. The proposed site shall have at least one (1) property line abutting a major
thoroughfare. All ingress and egress to the site shall be directly from said
thoroughfare. Turning and approach lanes shall be provided when
determined necessary by the Township Engineer.
f. A landscape plan which includes the entire site shall be submitted for
approval to determine compliance with screening and planting strips.
g. All signs shall be affixed to the face of the building and shall be a uniform
design throughout except that one ground pole sign advertising the name of
the shopping center is allowed.
h. All off-street parking shall be within its own area, as specified in Article XX
and an internal system of roads and walks which will effectively separate
pedestrian and vehicular traffic is required.
i. All vehicle and pedestrian areas shall be illuminated during business hours
of darkness. All lighting fixtures shall be installed so as to reflect light away
from adjoining residential properties.
SECTION 11.4 SITE PLAN REVIEW
For all uses permitted in a C District, a site plan review shall be submitted to the
Township Board and no building permit shall be issued until after the Township
Board has reviewed and approved the site plan in accordance with Article XVI.
SECTION 11.5 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS
Area, Height, Bulk and Placement Requirements unless otherwise specified and as
provided in Article XIV.
SECTION 11.6 COMMERCIAL DESIGN STANDARDS (Ord. 11-02)
All new buildings within the Commercial District shall meet the following standards:
1. Materials. A minimum of ninety (90) percent of the exterior finish material of all
building facades visible from the public street, parking lot or adjacent residentially
zoned land, exclusive of window areas, shall consist of the following: brick, stone,
split-face block, wood siding or vinyl siding. The remaining maximum ten (10)
percent of the façade may utilize other materials for architectural detailing such
as fiberglass reinforced concrete, polymer plastic (fypon), exterior insulation
and finishing systems (EIFS) or concrete block. The Planning Commission may
permit other materials for facades that are not visible from a public street or
parking lot and are adequately screened from adjoining land uses. The Planning
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Commission shall review building materials and colors as a part of site plan
approval.
2. Roofs. As a part of building design, roofs shall be designed in keeping with the
overall architecture of the building. Single story building should be designed
with pitched roofs. Where flat roofs are proposed, the roof shall be enclosed by
parapets and peaked architectural features with a full roof return, decorative
cornices or other details, at least forty-two (42) inches high, or of a height sufficient
to screen roof-top mechanical equipment.
3. Front Facade. Blank walls shall not face a public street. Walls facing a public
street shall include windows and architectural features customarily found on
the front facade of a building, such as awnings, cornice work, edge detailing or
other decorative finish materials. Wall massing shall be broken up with vertical
pilasters or other architectural elements to reduce scale.
4. Canopies. Canopies, such as over gasoline pumps or drive-through structures,
shall be designed to be consistent with the approved building materials and
colors. The Planning Commission may require a peaked roof to complement the
principal building. Signs and color bands shall not be permitted along the canopy.
Any canopy lighting shall be flush with the canopy.
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ARTICLE XII
I, INDUSTRIAL DISTRICT
SECTION 12.1 STATEMENT OF PURPOSE
The I, Industrial, District is established to provide for light, primary industrial uses.
Provision of this District ensures that these essential facilities are kept from
encroaching in areas or districts where they would be incompatible. All activities
carried on within the Industrial District shall be subject to limitations placed upon
the amount of noise, smoke, glare, traffic and industrial effluent, which shall be
produced as a result of that activity.
SECTION 12.2 PRINCIPAL PERMITTED USES
Any of the following uses when the manufacturing compounding or processing is
conducted entirely within a completely enclosed building. That portion of the land
used for open storage facilities for materials or equipment used in the manufacturing,
compounding, final product storage or processing shall be totally obscured by a six
(6) foot screening wall on those sides abutting any residential district.
1. Wholesale and Warehousing: The sale at wholesale or warehousing of automotive
equipment; dry goods and apparel; groceries and related products; raw farm
products except livestock; electrical goods; hardware, plumbing, heating
equipment and supplies; machinery and equipment; petroleum bulk stations
and terminals; tobacco and tobacco products; paper and paper products;
furniture and home furnishings, and any commodity the manufacture of which
is permitted in this District; truck terminals.
2. Industrial Establishments:
a. The assembly, fabrication, manufacture, packaging or treatment of such
products as food products (excluding butchering, animal slaughtering),
candy, drugs, cosmetics, toiletries, musical instruments, optical goods, toys,
novelties, electrical instruments and appliances, radio and phonographs,
pottery and figurines or other ceramic products using only previously
pulverized clay.
b. The assembly, fabrication, manufacture or treatment of such products from
the following previously prepared materials, bone, canvas, cellophane, cloth,
cork, felt, fiber, glass, leather, paper, plastics, semi-precious or precious
metals or stones, sheet metal (excluding large stampings such as automobile
fenders or bodies), shell, textile, wax, wire, wood (excluding saw and planing
mills) and yarns.
c. Tool and die shops: metal working machine shops involving the use of
grinding or cutting tools, manufacturing of tools, dies, jigs and fixtures,
publishing, printing or forming of box, carton and cardboard products.
d. Laboratories - research or testing.
e. Central dry cleaning plants and laundries.
3. Publicly owned buildings, public utility buildings, telephone exchange buildings,
electric transformer stations and substations, and gas regulator stations,
warehouses including storage yards, water and gas tanks and holders.
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4. Accessory buildings and uses customarily incidental to the above principal
permitted uses.
5. Wireless telecommunication facilities and wireless telecommunication antennas
mounted on an alternative tower structure subject to Section 5.39.
SECTION 12.3 PERMITTED USES AFTER SPECIAL APPROVAL
The following uses may be permitted subject to the conditions hereinafter imposed
and subject further to the approval of the Township Board after recommendation
from the Planning Commission.
1. The following retail and service establishments, provided that such
establishments are clearly ancillary to the permitted industrial uses and are in
keeping with the intent of the District:
a. Eating and drinking establishments when food or beverage is consumed
within a completely enclosed building. Establishments with a character of
drive-in or open front store are prohibited.
b. Barber and beauty shops.
c. Truck tractor and trailer sales, rental and repair.
d. Motels
e. Automobile service stations in accordance with Section 5.17.
2. Dog kennels.
3. Drive-in theaters, provided that any such site is adjacent to a major thoroughfare;
that there shall be no vehicular access to any residential street, that suitable
screening is provided to insure that there shall be no highlight or other
illumination directed upon any residentially zoned or developed property; and
so that the picture is not visible from a major thoroughfare; and that any such
drive-in theaters shall be located no closer than five hundred (500) feet to any
residentially zoned or developed property.
4. Industrial parks, subject to the following provisions:
a. Permitted uses shall include all principal permitted uses in this I District.
b. The minimum site size for an industrial park shall be five (5) acres.
c. All industrial parks shall be so located as to have at least one (1) property
line abutting a major thoroughfare. All ingress and egress shall be directly
on to said major thoroughfare.
d. No main or accessory building shall be situated less than fifty (50) feet from
any residential property line.
e. No parking access and/or service area may be located less than twenty-five
(25) feet from any residential property line.
f. Parking, loading or service areas used by motor vehicles shall be located
entirely within the boundary lines of the industrial park and shall be in
accordance with Article XX.
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g. A planting strip of at least ten (10) feet wide shall be provided around the
entire perimeter of the site except for driveways onto the public street system.
A wall or barrier of suitable material not less than five (5) feet high shall be
constructed along these property lines which abut a residential district.
h. A landscape plan which includes the entire site shall be submitted for
approval to determine compliance with screening and planting strips.
i. Lighting facilities shall be required where deemed necessary for the safety
and convenience of employees and visitors. These facilities will be arranged
in such a manner so as to protect abutting streets, and adjacent properties
from unreasonable glare or hazardous interference of any kind.
5. Industrial Establishments:
a. The assembly and/or manufacture of automobiles, automobile bodies and
accessories, cigars and cigarettes, electrical fixtures, batteries and other
electrical apparatus and hardware.
b. Processing, refining, or storage of food and food stuffs.
c. Breweries, bump shops, distilleries, machine shops, metal buffering,
plastering and polishing shops, millwork lumber and planing mills, painting
and sheet metal shops, undercoating and rust-proofing shops and welding
shops.
d. Automobile bump shops, tire vulcanizing and recapping shops.
e. Accessory buildings and uses customarily incidental to the above permitted
principal uses, including living quarters of a watchman or caretaker.
f. Any other uses similar to any of the above principal permitted uses.
6. Open storage yards of construction contractor’s equipment and supplies, building
materials, sand, gravel or lumber.
a. Such uses shall be located at least two hundred (200) feet from any residential
district.
b. If it is deemed essential by the Planning Commission to prevent loose
materials from blowing into adjacent properties, a fence, tarpaulin or
obscuring wall of dimensions and materials specified by the Planning
Commission shall be required around the stored materials.
c. No required yard spaces shall be used for the storage of equipment or
material.
7. Junk yards
8. Mining, excavating or other removal of sand, earth, minerals, or other materials
naturally found in the earth, in accordance with the regulations outlines in
Article XVIII, herein.
9. Heating and electric power generating plants and all accessory uses; coal, coke,
and fuel yards and water supply and waste water treatment facilities in
accordance with all applicable State and Federal Regulations.
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SECTION 12.4 COMPLIANCE WITH COUNTY AND STATE REGULATIONS
Any use permitted in the I District must comply with all applicable County and State
health and pollution laws and regulations.
SECTION 12.5 SITE PLAN REVIEW
For all uses permitted in an I District, a site plan shall be submitted to the Township
Board, and no building permit shall be issued until after the Township Board has
reviewed and approved the site plan in accordance with Article XVI.
SECTION 12.6 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS
Area, Height, Bulk and Placement Requirements unless otherwise specified and as
provided in Article XIV.
SECTION 12.7 INDUSTRIAL DESIGN STANDARDS (Ord.11-02)
A minimum of sixty (60) percent of the exterior finish material of any building facades
visible from the public street or adjacent residentially zoned land, exclusive of window
areas, shall consist of the following: brick, stone, split face block or scored block.
The Planning Commission may permit other materials for facades that are not visible
from a public street or parking lot and are adequately screened from adjoining land
uses. The Planning Commission shall review building colors as a part of site plan
approval.
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ARTICLE XIIA
PLANNED INDUSTRIAL ZONING DISTRICT (PID)
(Ord. 4-01)
SECTION 12A.1 STATEMENT OF PURPOSE
This Planned Industrial District (PID) is established under the Planned Unit
Development legislation, as authorized by Section 16(c) of the Township Zoning Act
(Public Act 184 of 1943, as amended) for the purpose of:
a. Providing for the development of limited industrial uses that will have limited
adverse impact on surrounding land uses and natural features.
b. Providing for the development of limited industrial uses that will serve as a
transition between existing general industrial uses to other lower intensity
land uses.
c. Protect significant natural features that the property owner and Township
wish to preserve, such as flood plains, wetlands and woodlands.
d. Permit flexibility in the regulation of land development to encourage
innovation in land use, preserve significant natural features and safeguard
the site, and surrounding area. The PID standards are not intended to
circumvent standards and requirements of the Zoning Ordinance, but to
facilitate the achievement of the stated purposes set forth herein.
e. Coordinated development on industrial sites in a manner that ensures the
efficient provision of public services, and utilities and minimizes adverse
traffic impacts.
SECTION 12A.2 QUALIFYING CONDITIONS
The following provisions shall apply to all PIDs:
a. The PID site shall be under the control of one owner or group of owners and
shall be capable of being planned and developed as one integral unit.
b. A PID zoning classification may be initiated only by a petition and shall
meet the requirements of Section 4.1, Amendments, in addition to the
provisions herein.
c. The site shall be a minimum size of ten (10) acres.
d. The site shall provide at least one of the following:
1) Have significant natural features which will be preserved through
development under the PID standards, as determined by the Planning
Commission; or,
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2) Provide mitigation to offset infrastructure or transportation impacts not
possible under conventional zoning.
SECTION 12A.3 USES PERMITTED
The applicant and the Township Board shall establish a list of permitted uses for a
PID, based upon the recommendation of the Planning Commission. The Planning
Commission shall make a finding that uses permitted shall be of a nature and design
to have minimal external impacts to surrounding land uses and natural features.
Such list of permitted uses shall be documented in the PID Agreement required
under Subsection (5)(b) below.
SECTION 12A.4 DESIGN STANDARDS
a. Site Design Standards
1) The PID shall utilize quality architecture to ensure buildings are
compatible with surrounding uses, protect the investment of adjacent
landowners, blend harmoniously with surrounding land uses and
maintain a positive image for the Township. Elevation drawings shall
be reviewed by the Planning Commission as a part of final site plan
review. For any side of a building facing a public road or adjoining
zoning district that permits residential, at least fifty percent (50%) of
the facade shall be constructed of, or covered with brick, glass, glass
block, EIFS, decorative concrete block (fluted, scored or split face), stone
or vinyl siding.
2) Signage, lighting, landscaping, building architecture and materials, and
other features of the project shall be designed to achieve an integrated
and controlled development, consistent with the character of the
Township, surrounding development, and natural features of the area.
b. Buffer Zones
1) Where the proposed nature of uses or structures are of a significantly
larger scale or different character than surrounding land uses, the
Township may require a 50 foot wide buffer area consisting of natural
woodlands or a landscaped greenbelt containing a minimum of two (2)
evergreen trees and one (1) deciduous tree every 30 feet.
2) All outdoor storage shall be within the rear or side yard and shall be
screened by a wall or wood fence. Such outdoor storage screening wall
shall be setback a minimum of 50 feet from any lot line and shall be
surrounded by a landscape buffer consisting of a minimum of two (2)
evergreen trees and one (1) deciduous tree every 30 feet.
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c. Environmental Protection Standards
1) The development shall be designed so as to preserve natural features.
The limits of tree clearing and grading shall be clearly shown on the
PID Concept Plan. If animal or plant habitats of significant value exist
on the site, the Township may require that the PID Concept Plan preserve
these areas in a natural state and adequately protect them as nature
preserves or limited access areas. A minimum 50-foot wide undisturbed
open space setback shall be maintained from the edge of any river,
stream, wetland or 100-year flood plain and any flood plain shall remain
undisturbed.
2) An environmental impact study shall accompany the PID concept plan
and specifically address the anticipated impact of a proposed use on
the natural features, economic climate, social environment, public
infrastructure and public services in the Township. The environmental
impact study shall describe the environmental characteristics of the
site prior to development and the impact of the proposed development
on the existing site conditions, including topography, soils, woodlands,
wildlife habitat, drainage, groundwater recharge, wetlands, surface water
flows, rivers, streams, creeks and ponds, flood stages, water temperature,
stream bank erosion, water pollution and water quality for fish. The
environmental impact study shall also describe the compatibility of the
proposed PID with current and planned adjacent development, including
conformance with the Master Plan, traffic, lighting, air pollutants, noise
and aesthetic impacts. A description of any hazardous substances
expected to be used, stored or disposed of on the site shall be provided.
d. Traffic Circulation, Operations and Access. The PID shall provide safe,
convenient, un-congested and well-defined circulation to and within the
PID. Roads accessing the site shall be sufficient to accommodate the amount
of traffic and type of truck traffic generated by the proposed PID. The
Township may require the preparation of a traffic impact study documenting
the impacting of the proposed PID on the road system.
e. Dimensional Standards. All I-Industrial District regulations applicable to
setbacks, parking and loading, general provisions, and other requirements
shall be met, subject to paragraph (f) below.
f. Deviations from the Applicable Zoning Regulations. To encourage
flexibility and creativity consistent with the intent of the PID regulations,
the Township may permit specific departures from the requirements of the
Zoning Ordinance for yards and lots as a part of the approval process. Any
regulatory modification shall be approved through a finding by the Planning
Commission that the deviation shall result in a higher quality of development
than would be possible using conventional zoning standards.
A table shall be provided on the PID Concept Plan and in the PID Agreement
that specifically details all deviations from the established zoning area, height
and setback regulations, off-street parking regulations or general provisions
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that would otherwise be applicable. The PID Agreement shall specify the
reasons for the deviation and mechanisms to be utilized for the protection
of the public health, safety, and welfare in lieu of the regulations from which
deviation is being sought. Only those deviations consistent with the stated
purpose of this district shall be allowed.
SECTION 12A.5 APPLICATION AND REVIEW PROCEDURE
A PID zoning classification shall follow the public hearing procedures and
requirements for rezoning under Section 4.1 Amendments in addition to the following
information:
a. Application. The submission shall include application requirements of
Section 4.1, current proof of ownership of the land to be utilized or evidence
of a contractual ability to acquire such land, completed application form,
application fee, Conceptual PID Site Plan and draft PID Agreement.
b. Conceptual PID Site Plan. The petition for rezoning to PID shall be
accompanied by a Conceptual PID Site Plan that contains the following
information:
1) The applicant’s name and address.
2) The preparer’s name and professional seal of architect, engineer,
surveyor or landscape architect indicating license in the State of
Michigan.
3) Date of preparation and any revisions.
4) Property lines, dimensions, legal description and size of property in
acres.
5) Small location sketch of the subject site and area within one-half mile.
6) Zoning and current land use of applicants’ property and all abutting
properties and of properties across any road.
7) Lot lines and all structures on the property and within one-hundred
(100) feet of the PID property lines.
8) Location of any access points on both sides of the street within onehundred
(100) feet of the PID site along streets where access to the PID
is proposed.
9) Natural features, including topography, existing drainage patterns,
surface water bodies, flood plain areas, wetlands and the limits of major
stands of trees.
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10) Conceptual layout of proposed land use, acreage allotted to each use,
building footprints, roadways, parking areas, driveways.
11) General location of landscape buffers.
12) A preliminary layout of storm water drainage, detention pond location,
water supply and wastewater disposal systems and utilities.
c. The environmental impact study required under Subsection 4.c.2) above.
d. PID Agreement. The PID Agreement shall be entered into by both the
applicant and the Township Board. Such agreement shall upon approval be
recorded with the County Register of Deeds and shall include the following:
1) Set forth the list of uses that will be permitted in the PID.
2) Set forth the conditions upon which the approval is based, with reference
to the PID Concept Plan and a description of all deviations from Township
regulations which have been requested and approved.
3) Assure that woodlands, wetlands and flood plains will be preserved as
shown on the site plan, or replaced on a caliper for caliper basis.
4) Assure all site improvements will be made including landscape buffers
and prescribe the means, timing and maintenance for such
improvements.
5) Assure the construction, improvement and maintenance of all roads
and necessary utilities to mitigate the impacts of the PID project through
construction by the developer, bonds or other satisfactory means.
6) Address any other concerns of the Township regarding construction,
maintenance and protection of natural resources and surrounding land
uses.
e. Public Hearing. The Planning Commission shall review the rezoning request,
the Conceptual PID Site Plan, and PID Agreement, conduct a public hearing
in accordance with Section 4.1), and make a recommendation to the
Township Board and County Planning Commission based upon the approval
standards of Subsection 6. below.
f. Approval. Following receipt of a recommendation from the Township and
County Planning Commissions, the Township Board shall either approve or
deny the rezoning request, the Conceptual PID Site Plan and PID Agreement.
Conditions may be attached to the approval of the Conceptual PID Site Plan
and PID Agreement to insure that public services and facilities will be capable
of accommodating increased demand, and traffic, protect the natural
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environment, insure compatibility with adjacent land uses and protect the
social, and economic well-being of the community.
g. Final PID Site Plan(s). Following the PID rezoning, approval of the PID
Concept Plan and recording of the signed PID Agreement the applicant shall
submit final site plans meeting the requirements of Article 16, Site Plan
Review. All final site plans shall be in accordance with the approved PID
Concept Plan and PID Agreement.
h. Amendments and Deviations from Approved PID Concept Plan. Any
modification to the approved PID Concept Plan or PID Agreement shall require
approval by the Township Board, based upon a recommendation by the
Planning Commission.
SECTION 12A.6 APPROVAL STANDARDS
Approval of the Conceptual PID Site Plan and PID Agreement shall only be granted
where all of the following standards have been met:
a. The PID meets the qualifying conditions and the design standards of this
Article.
b. The uses proposed shall have a beneficial effect, in terms of public health,
safety and welfare on present and future potential surrounding land uses.
The uses proposed will not adversely affect the public utility and
transportation system, surrounding properties, or the environment.
c. The PID is generally consistent with the vision statements, goals, objectives
and future land use map of the Township Master Plan.
d. Judicious effort has been used to preserve significant natural features,
surface water, groundwater and the integrity of the land.
e. The PID is consistent with, and promotes the stated purpose of this Article
and the Zoning Ordinance.
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ARTICLE XIII
FP, FLOOD PLAIN DISTRICT
SECTION 13.1 STATEMENT OF PURPOSE
Consistent with the letter and spirit of Act 184 of the Public Acts of 1943, as amended,
the Township Board of Dundee Township finds that potential growth, the spreading
of development, and increasing demands upon natural resources can have the effect
of encroaching upon, despoiling, polluting, or eliminating many of its watercourses
and wetlands, and other natural resources and processes associated therewith, which,
if preserved and maintained in an undisturbed and natural condition, constitute
important physical, aesthetic, recreation and economic assets to existing and future
residents of the Township.
Therefore, the purposes of this Article are:
To provide for the protection, preservation, proper maintenance and use
of township watercourses and wetlands in order to minimize disturbance
to them and to prevent damage from erosion, turbidity, or situation, a loss
of fish or other beneficial aquatic organisms, a loss of wildlife and/or
vegetation from the destruction of the natural habitat thereof:
To provide for the protection of the Township’s potable fresh water supplies
from the dangers of drought, overdraft, pollution or mismanagement.
To secure safety from floods; to reduce the financial burdens imposed
upon the community through rescue and relief efforts occasioned by the
occupancy or use of areas subject to periodic flooding; to prevent loss of
life, property damage and other losses and risks associated with flood
conditions; to preserve the location, character and extent or natural
drainage courses.
Boundary lines of the Flood Plain District are inclusive of, and sometimes exceed,
the area designated in the HUD Flood Hazards Boundary Maps for Dundee Township
dated February 22, 1974. Boundaries of the Flood Plain District were mapped
according to easily identified property lines, road systems, and other natural
boundaries.
The following regulations shall apply to the FP, Flood Plain, District and shall be
subject further to the provisions of Article V, General Provisions.
SECTION 13.2 RULES AND REGULATIONS FOR MANAGEMENT OF THE
FLOOD
PLAIN DISTRICT
The following rules and regulations are established so as to provide a clear statement
of the minimum requirements for sound and proper use and development of land in
the Flood Plain District. These requirements are so designated to minimize financial
burdens or environmental losses which might occur in the absence of such rules
and regulations.
The duties of managing the Flood Plain District shall include, but not be limited to
the following:
1. A special permit shall be required for any use of development of land within the
Flood Plain District not specifically allowed in Section 13.3, Principal Uses
Permitted.
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2. Review all special approval permits to determine that all necessary permits have
been obtained from those federal, state or local governmental agencies from
which prior approval is required.
3. Utilize any base flood elevation data available from federal, state or other sources,
when such data has not been made available by the Federal Insurance
Administration, in order to administer this Ordinance.
4. Information to be obtained and maintained:
A. Obtain and record the actual elevation (in relation to mean sea level) of the
lowest habitable floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
B. For all new or substantially improved floodproofed structures:
(1) Obtain and record the actual elevation (in relation to mean sea level) to
which the structure has been floodproofed.
(2) Obtain certification by a registered professional engineer or architect
that the floodproofing methods for any non-residential structure meet
the criteria specified in Section 13.2, 6C, herein.
(3) Maintain for public inspection all records pertaining to the provisions
of this Ordinance.
5. Alteration of Watercourses:
A. Notify adjacent communities and the Michigan Department of Natural
Resources Hydrological Survey Division prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
B. Require that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
6. General Standards:
A. Anchoring
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
(2) All mobile homes shall be anchored to resist flotation, collapse, or lateral
movement by providing over-the-top and frame ties to ground anchors.
Specific requirements shall be that:
a. Over-the-top ties be provided at each of the four corners of the
mobile home, with two (2) additional ties per side at intermediate
locations, with mobile homes less than fifty (50) feet long requiring
one (1) additional tie per side.
b. Framed ties be provided at each corner of the home with five (5)
additional ties per side at intermediate points, with mobile homes
less than fifty (50) feet long requiring four (4) additional ties per
side.
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(3) All components of the anchoring system be capable of carrying a force
of four thousand eight hundred (4,800) pounds.
B. Utilities
(1) On-site disposal systems shall be located to avoid impairment of them
or contamination from them during flooding.
(2) Sanitary and storm sewer drains shall be equipped with valves capable
of being closed, manually or automatically, to prevent backup of sewage
and storm waters into the building structure. Gravity draining of
basements may be eliminated by mechanical devices.
C. Floodproofing
(1) Foundations of all structures shall be designed and constructed to
withstand flood conditions at the proposed construction site.
(2) Basements, lower floors, or appurtenances located below the elevation
of the 100-year flood shall be designed and constructed to prevent
passage of water into the building or structure and withstand flood
conditions, including hydrostatic pressures of elevated water tables and
the momentum of flood flows. Materials for construction shall be of the
type not deteriorated appreciably by water. Windows, doorways, and
other openings into the building or structure shall be designed and
constructed incorporating adequate floodproofing.
(3) All electrical equipment, circuits and installed electrical appliances shall
be floodproofed to prevent damage resulting from inundation by the
100-year flood.
(4) Chemical storage, explosive, buoyant and flammable liquid storage shall
be located above the 100-year flood level or shall be adequately
floodproofed to prevent flotation of tanks or other appreciable damage
or escape into the floodwaters of toxic materials.
D. Landfill
Land may be filled in accordance with the Soil Erosion and Sedimentation Act of
the State of Michigan and provided that all other requirements under this
Ordinance and other State statutes and County regulations are satisfied.
E. Subdivision proposals
(1) All subdivision proposals shall be consistent with the need to minimize
flood damage.
(2) All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least fifty (50) lots
or five (5) acres (whichever is less).
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F. Area and Bulk requirements
Appropriate attention must be given to area and bulk restrictions for the
use being considered by special approval, as such requirements have not
been specified in Article XIV, Schedule of Regulations.
SECTION 13.3 PRINCIPAL USES PERMITTED
1. Cultivation and harvesting of crops according to recognized soil conservation
practices.
2. Pasture, grazing land, forestry, outdoor plant nursery, orchard, and harvesting
of any wild crops.
3. Wildlife sanctuary, woodland preserve, arboretums.
4. Outlet installations for sewage treatment plants, sealed public water supply
wells.
5. Recreational uses such as parks, day camps, picnic groves, shooting ranges,
golf courses, hunting, fishing, tennis clubs, and boating clubs, provided no
building is located in the floodway.
6. Commercial uses such as parking lots, railroads, streets, utility lines, storage
yards for equipment and material not subject to major damage or displacement
by flood and not including inflammable liquid provided such use is accessory to
a use permitted in an adjoining area.
SECTION 13.4 USES PERMITTED ON SPECIAL APPROVAL
The Dundee Township Board, after recommendation from the Planning Commission,
shall have the power to issue permits for the location or alteration of obstructions
which are otherwise not specifically permitted. The application for the permit shall
contain such information as the Commission shall require, including complete maps,
plans, profiles, and specifications of the obstruction and watercourse.
In passing upon such application, the Commission and Township Board shall
consider:
1. The danger to life and property by water which may be backed-up or diverted by
such obstruction.
2. The danger that the obstruction will be swept downstream to the injury of others.
3. The availability of alternate locations.
4. The construction or alteration of the obstruction in such manner as to lessen
the danger.
5. The permanence of the obstruction.
6. The anticipated development in the foreseeable future of the area which may be
affected by the obstruction.
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SECTION 13.5 USES PROHIBITED
All other uses and structures which are not specifically permitted by right or by
conditional use permit shall be prohibited in the FP, Flood Plain District.
SECTION 13.6 SITE PLAN REVIEW
All principal and special approval uses listed above are subject to the requirements
and provisions of Article XVI, Site Plan Review, and any other applicable regulations
included in this Ordinance.
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ARTICLE XIIIA
PUD, PLANNED UNIT DEVELOPMENT DISTRICT
(Ord. 06-05-01, Eff. 7/04/05)
SECTION 13A.1 STATEMENT OF PURPOSE
This Planned Unit Development (PUD) is established under the Planned Unit
Development legislation, as authorized by Section 503 of the Michigan Zoning Enabling
(Public Act 110 of 2006 for the purpose of(effective December 6, 2006)
(a) Provide for mixed use development with mixture of compatible uses integrated
into a cohesive plan for a site. PUD’s may include a mixture of residential and
non-residential uses. Residential components are also intended to meet the
purposes stated in section 503 for open space cluster developments.
(b) Providing for the development of limited industrial, commercial and office uses
that will have limited adverse impact on surrounding land uses and natural
features or serve as a transition between existing commercial or industrial uses
to other lower intensity land uses.
(c) Protect significant natural features that the property owner and Township wish
to preserve, such as flood plains, wetlands and woodlands.
(d) Permit flexibility in the regulation of land development to encourage innovation
in land use, preserve significant natural features and safeguard the site, and
surrounding area. The PUD standards are not intended to circumvent standards
and requirements of the Zoning Ordinance, but to facilitate the achievement of
the stated purposes set forth herein.
(e) Coordinated development on commercial or industrial sites in a manner that
ensures the efficient provision of transportation facilities, public services, and
utilities and minimizes adverse traffic impacts.
(f) Ensure compatibility of design and function between neighboring properties.
(g) Ensure various land uses and building bulk will relate to each other and to
adjoining existing and planned uses in such a way that they will be compatible,
with no material adverse impact of one use on another.
(h) Encourage development that is consistent with the goals stated within the
Township’s Master Plan.
SECTION 13A.2 QUALIFYING CONDITIONS
The following provisions shall apply to all PUD’s:
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(a) The PUD site shall be under the control of one owner or group of owners and
shall be capable of being planned and developed as one integral unit.
(b) A PUD zoning classification may be initiated only by a petition and shall meet
the requirements of Section 4.1, Amendments, in addition to the provisions herein.
(c) The site shall provide at least one of the following:
1. Have significant natural features which will be preserved through
development under the PUD standards, as determined by the Planning
Commission;
2. Provide mitigation to offset infrastructure or transportation impacts not
possible under conventional zoning;
3. Provide a complementary mixture of uses; or,
4. Redevelop an existing site that is blighted or contains nonconforming
situations where creative design can address unique site constraints and
allow for redevelopment that is more compatible with surrounding uses.
(d) The proposed type and density of use shall not result in an unreasonable increase
in the use of roads, public services and public facilities, or improvements to
public infrastructure is proposed to meet the projected demands of the PUD.
(e) The proposed development shall not impede the continued use or development
of surrounding properties for uses that are permitted in this Ordinance.
(f) The PUD shall not have an adverse impact on future development as proposed
in the Township Master Plan.
(g) The proposed development shall be consistent with the intent and spirit of this
Ordinance.
SECTION 13A.3 USES PERMITTED
The applicant and the Township Board shall establish a list of permitted uses for a
PUD, based upon the recommendation of the Planning Commission. The Planning
Commission shall make a finding that uses permitted shall be of a nature and design
to have minimal external impacts to surrounding land uses and natural features.
Such list of permitted uses shall be documented in the PUD agreement required
under section 13.A.5(d) below. The types of PUD’s, based upon the uses proposed
shall be as follows:
(a) Mixed-use PUD may include a mixture of residential, commercial, office,
recreational & open space uses shall be permitted based upon the zoning/land
use designation of each PUD component. Where the pre-PUD zoning is residential,
a minimum of 75% of the PUD land area shall be occupied by residential or
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open space and non-residential uses may occupy no more than 25% of the land
area.The residential components of the PUD shall comply with the requirements
of Article 15A, in addition to the requirements of this Article.
(b) Nonresidential PUD’s shall be permitted where the pre-PUD zoning is commercial,
or industrial or where the Master Plan designates a site as commercial or
industrial. A mixture of office, commercial, light industrial & open space uses
shall be permitted, subject to the limitations herein.
SECTION 13A.4 DESIGN STANDARDS
(a) Site Design Standards.
1. The PUD shall utilize quality architecture to ensure buildings are compatible
with surrounding uses, protect the investment of adjacent landowners, blend
harmoniously with surrounding land uses and maintain a positive image
for the Township. Elevation drawings shall be reviewed by the Planning
Commission as a part of final site plan review. For any side of a building
facing a public road or adjoining zoning district that permits residential, at
least fifty percent (50%) of the facade shall be constructed of, or covered
with brick, glass, glass block, EIFS, decorative concrete block (fluted, scored
or split face), stone or vinyl siding.
2. Signage, lighting, landscaping, building architecture and materials, and other
features of the project, shall be designed to achieve an integrated and
controlled development, consistent with the character of the Township,
surrounding development, and natural features of the area.
(b) Residential Uses. All mixed-use PUD’s containing residential uses shall also
comply with the requirements of Article XV.A, in addition to the requirements of
this section. Residential density shall be determined in accordance with section
15.A.03, based upon the pre-PUD zoning district. The open space requirements
of section 15.A.05 shall be calculated based upon the area of the site allocated
to residential, recreational, and open space and shall not apply to areas dedicated
to a commercial, office or industrial use.
(c) Dimensional Standards. All regulations of the pre-PUD district applicable to
setbacks, parking and loading, general provisions, and other requirements shall
be met, subject to paragraph (d) below.
(d) Deviations from the Applicable Zoning Regulations. To encourage flexibility
and creativity consistent with the intent of the PUD regulations, the Township
may permit specific departures from the requirements of the Zoning Ordinance
for yards and lots as a part of the approval process. Any regulatory modification
shall be approved through a finding by the Planning Commission that the
deviation shall result in a higher quality of development than would be possible
using conventional zoning standards.
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A table shall be provided on the PUD concept plan and in the PUD agreement
that specifically details all deviations from the established zoning area, height
and setback regulations, off-street parking regulations or general provisions
that would otherwise be applicable. The PUD agreement shall specify the reasons
for the deviation and mechanisms to be utilized for the protection of the public
health, safety, and welfare in lieu of the regulations from which deviation is
being sought. Only those deviations consistent with the stated purpose of this
district shall be allowed.
(e) Buffer Zones.
1. All non-residential uses shall provide a minimum 20-foot wide greenbelt
along the road frontage landscaped with a minimum of one (1) deciduous
tree for every 40 feet of greenbelt length. Residential uses shall conform to
the greenbelt requirements of section 15A.07.
2. Where the proposed nature of uses or structures are of a significantly larger
scale, greater intensity or different character than surrounding land uses,
the Township may require a 50-foot wide buffer area along one or more lot
lines consisting of natural woodlands or a landscaped greenbelt containing
a minimum of two (2) evergreen trees and one (1) deciduous tree for every
30 feet of buffer length.
3. All outdoor storage shall be within the rear or side yard and shall be screened
by a wall or wood fence. Such outdoor storage screening wall shall be
setback a minimum of 50 feet from any lot line and shall be surrounded by
a landscape buffer consisting of a minimum of two (2) evergreen trees and
one (1) deciduous tree for every 30 feet of buffer length.
(f) Environmental Protection Standards.
1. The development shall be designed so as to preserve natural features. The
limits of tree clearing and granding shall be clearly shown on the PUD concept
plan. If animal or plant habitats of significant value exist on the site, the
Township may require that the PUD concept plan preserve these areas in a
natural state and adequately protect them as nature preserves or limited
access areas.
2. A minimum 50-foot wide undisturbed open space setback shall be
maintained from the edge of any river, stream, wetland or 100-year flood
plain and any flood plain shall remain undisturbed.
3. An environmental impact study shall accompany the PUD concept plan
and specifically address the anticipated impact of a proposed use on
thenatural features, economic climate, social environment, public
infrastructure and public services in the Township. The environmental
impact study shall describe the environmental characteristics of the site
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prior to devleopment and the impact of the proposed development on the
existing site conditions, including topography, soils, woodlands, wildlife
habitat, drainage, groundwater recharge, wetlands, surface water flows,
rivers, streams, creeks and ponds, flood stages, water temperature, stream
bank erosion, water pollution and water quality for fish. The environmental
impact study shall also describe the compatibility of the proposed PUD with
current and planned adjacent development, including conformance with
the Master Plan, traffic, lighting, air pollutants, noise and aesthetic impacts.
A description of any hazardous substances expected to be used, stored or
disposed of on the site shall be provided.
(g) Traffic Circulation, Operations and Access. The PUD shall provide safe,
convenient, un-congested and well-defined circulation to and within the PUD.
Roads accessing the site shall be sufficient to accommodate the amount of traffic
and type of truck traffic generated by the proposed PUD. The Township may
require the preparation of a traffic impact study documenting the impact of the
proposed PUD on the road system.
SECTION 13A.5 APPLICATION AND REVIEW PROCEDURE
A PUD zoning classification shall follow the public hearing procedures and
requirements for rezoning under Section 4.1 Amendments in addition to the following:
(a) Application. The submission shall include application requirements of Section
4.1, current proof of ownership of the land to be utilized or evidence of a
contractual ability to acquire such land, completed application form, application
fee, conceptual PUD site plan and draft PUD agreement.
(b) Conceptual PUD Site Plan. The petition for rezoning to PUD shall be
accompanied by a conceptual PUD site plan that contains the following
information:
1. The applicant’s name and address.
2. The preparer’s name and professional seal of architect, engineer, surveyor
or landscape architect indicating license in the State of Michigan.
3. Date of preparation and any revisions.
4. Property lines, dimensions, legal description and size of property in acres.
5. Small location sketch of the subject site and area within one-half mile.
6. Zoning and current land use of applicant’s property and all abutting
properties and of properties across any road.
7. Lot lines and all structures on the property and within one-hundred (100)
feet of the PUD property lines.
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8. Location of any access points on both sides of the street within one-hundred
(100) feet of the PUD site along streets where access to the PUD is proposed.
9. Natural features, including topography, existing drainage patterns, surface
water bodies, flood plain areas, wetlands and the limits of major stands of
trees.
10. Conceptual layout of proposed land use, acreage allotted to each use, building
footprints, roadways, parking areas, driveways.
11. Residential dwelling unit types and densities.
12. General location of open space and landscape buffers.
13. A preliminary layout of storm water drainage, detention pond location, water
supply and wastewater disposal systems and utilities.
(c) The environmental impact study required under section 13.A.4(f)3 above.
(d) PUD Agreement. The PUD agreement shall be entered into by both the applicant
and the Township Board. Such agreement shall upon approval be recorded
with the County Register of Deeds and shall include the following:
1. Set forth the list of uses that will be permitted in the PUD.
2. Set forth the conditions upon which the approval is based, with reference to
the PUD concept plan and a description of all deviations from Township
regulations which have been requested and approved.
3. Assure that open space, woodlands, wetlands and flood plains will be
preserved as shown on the site plan, and that woodland preservation areas
impacted during construction shall be replaced on a caliper for caliper basis.
4. Assure all site improvements will be made including landscape buffers and
prescribe the means, timing and maintenance for such improvements.
5. Assure the construction, improvement and maintenance of all roads and
necessary utilities to mitigate the impacts of the PUD project through
construction by the developer, bonds or other satisfactory means.
6. Address any other concerns of the Township regarding construction,
maintenance and protection of natural resources and surrounding land
uses.
(e) Public Hearing. The Planning Commission shall review the rezoning request,
the conceptual PUD site plan and draft PUD agreement, conduct a public hearing
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in accordance with Section 4.1, and make a recommendation to the Township
Board and County Plan Commission based upon the approval standards of section
13.A.6 below.
(f) Approval. Following receipt of a recommendation from the Township and County
Planning Commissions, the Township Board shall either approve or deny the
rezoning request, the conceptual PUD site plan and PUD agreement. Conditions
may be attached to the approval of the conceptual PUD site plan and PUD
agreement to insure that public services and facilities will be capable of
accommodating increased demand, and traffic, protect the natural enviroment,
insure compatibility with adjacent land uses and protect the social, and economic
well-being of the community.
(g) Final PUD Site Plan(s). Following the PUD rezoning, approval of the PUD concept
plan and recording of the signed PUD agreement the applicant shall submit
final site plans meeting the requirements of Article 16, Site Plan Review. All
final site plans shall be in accordance with the approved PUD concept plan and
PUD agreement. Where a subdivision is proposed, tentative and final preliminary
plats shall be submitted for review by the Planning Commission and approval
by the Township Board in accordance with the Land Division Act, (Public Act
288 of 1967, as amended). Subdivision plats shall not be approved unless they
are in accordance with the approved PUD concept plan and PUD agreement.
(h) Amendments and Deviations from Approved PUD Concept Plan. Any
modification to the approved PUD concept plan or PUD agreement shall require
approval by the Township Board, based upon a recommendation by the Planning
Commission.
SECTION 13A.6 APPROVAL STANDARDS
Approval of the PUD site plan and PUD agreement shall only be granted where all of
the following standards have been met:
(a) The PUD meets the qualifying conditions and the design standards of this Article.
(b) The uses proposed shall have a beneficial effect, in terms of public health, safety
and welfare on present and future potential surrounding land uses. The uses
proposed will not adversely affect the public utility and transportation system,
surrounding properties, or the environment.
(c) The PUD is generally consistent with the vision statements, goals, objectives
and future land use map of the Township Master Plan.
(d) Judicious effort has been used to preserve significant natural features, surface
water, groundwater and the integrity of the land.
(e) The PUD is consistent with, and promotes the stated purpose of this Article and
the Zoning Ordinance.
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(f) If a mixed-use PUD includes residential uses, then all requirements of Article
XV.A shall be complied with, in addition to the requirements of this Article.
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ARTICLE XIV
SCHEDULE OF REGULATIONS
LIMITING HIGHT AND BULK OF BUILDINGS
AND AREA BY LAND USE
96
Districts Area Width in
Feet
Depth in
Feet
Front
(a)(b)(c) Least Total Rear Square
Feet
Percent
Maximum Stories Feet
Agriculture-1 (AG-1)
(e)
40 acres
Homestead
660
190
200
4:1 max
depth:
width
50
50
25
25
50
50
50
50
1,000
1,000
30
30
2½
2½
35
35
Agriculture-2 (AG-2) 5 acres 300 200
4:1 max
depth:
width
50 25 50 50 1,000 30 2½ 35
Rural Estates(RE) 5 acres 300 NA 50 20 (l) 55 35 (l) 1,400 30 2½ 35
Residential R-1A
with sewers
without sewers
22,500 sq. ft.
40,000 sq. ft.
150
200
150
200
50
50
15 (l)
15 (l)
35
35
35 (l)
35 (l)
1,200
1,200
30
30
2½
2½
35
35
Residential R-1B
with sewers
without sewers
15,000 sq. ft.
30,000 sq. ft.
100
150
150
200
50
50
15 (l)
15 (l)
35
35
35 (l)
35 (l)
1,000
1,000
30
30
2½
2½
35
35
Residential R-1C 43,264 sq. ft. 208 208 50 20 (l) 55 35 (l) 1,200 30 2½ 35
Multi-Family(RM) 1 acre (i) 150 250 50 15 30 (g) 35 (g) (h) 30 2½ 35
Commercial (C) 1 acre 100 300 50 5 (d) 10 (d) 10 -- 40 2 28
Industrial (I)
by special app.
1 acre
5 acres
300
600
50
100
20
40
40
80
20
40
--
--
30
30
3
3
40 (f)
40
Flood Plain (FP) (j) -- -- -- -- -- -- -- -- -- --
Maximum Height
of Buildings
ARTICLE XIV
SCHEDULE OF REGULATIONS
LIMITING HEIGHT AND BULK
OF BUILDINGS AND AREA BY LAND USE
Minimum Lot Size Per Unit Minimum Yard Setback Feet (k) Minimum Floor
Area
Amended 3/06
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FOOTNOTES TO TABLE
SECTION 14.2
(a) Front Setback Measured from Right-of-way: In determining the required
front yard setbacks in any zoning district, it shall be the distance between the
structure parallel to the roadway and the right-of-way line. For lots located on
the county functional roadway classification plan being of a minor collector or
higher the yard setback shall be measured from the future right-of-way as follows:
 Section or Half-section roads – 86 feet
 Local roads or subdivisions roads – 66 feet
(b) Corner Lot Setback: In all residential districts the width of the side yards
which abut upon a street, on the same side of which other residential lots front,
shall not be less than the required front yard setback for said homes. All buildings,
structures, and accessory uses shall maintain such required yard space.
(c) Front Setback, Built-up Blocks: When twenty-five (25) percent or more of all
the buildings in the same block at the time of passage of this Ordinance has
been built up with buildings having more or less setback than herein provided,
no building hereafter erected or altered shall project beyond the minimum setback
line so established.
(d) Zero Side Yard Setback: In the Commercial District, where the walls facing
side lot lines are of fireproof masonry construction and have no openings, and
no side yard setback of any limit shall be required.
(e) Permitted lots in AG-1 Agriculture
District. The minimum lot area in the
AG-1 District shall be forty (40) acres;
provided divisions of less than forty
(40)acres may be allowed as follows:
(Ord. 04-04-01 - 4/27/04)
(1) For each parcel of twenty (20)
acrees, one additional lot may be
created. (Ord. 4-04-01 - 4/27/04)
(2) An additional lot may be created
for each ten (10) acres beyond the
original twenty (20) acres. (Ord. 04-
04-01 - 4/27/04)
(3) Parcel less than twenty (20) acres
shall not be permitted to create
additional lots.
Any lot created according to the above requirements shall be at least two (2)
acres in area and shall have a minimum of one-hundred and ninety (190) feet of
public road frontage. Where there are existing residential lots with areas less
than twenty (20) acres adjacent to the parent parcel, the lots to be split shall be
adjacent to such existing residential lots. The lots shall meet county health
department requirements for well and sanitary septic systems. Lots shall meet
the dimensional requirements for homesteads in the AG District.
98
(f) Height Limit in Industrial: May be higher upon approval of the Township
Board of Appeals as being within the fire fighting facilities of the Township, as
recommended by the Township fire chief. Consideration will be given upon
written application by the owner to the Township Board of Appeals.
(g) Two Family Units in RM Multi-Family District: When a two-family unit is
constructed it must conform to the residential ―A‖ requirements for height, bulk
and area.
(h) Minimum floor Area in RM Multi-Family District: The floor area for multifamily
units shall be as follows:
 Efficiency unit – 400 square feet
 One-bedroom unit – 620 square feet
(i) Density in RM Multi-Family District: The minimum land area required is one
acre. To determine density of land per unit the following factors will be applied:
 Efficiency unit – 2,000 square feet of land/unit
 One-bedroom unit – 2,500 square feet of land/unit
 Additional unit – 500 square feet of land/unit
(j) Flood Plain District: Height, bulk and area requirements cannot be adequately
specified in the Schedule of Regulations for the Flood Plain District because of
the variety of uses which may be permitted upon special approval in the district.
However, consideration of appropriate height, bulk and area regulations is
required for approval of the uses as specified in Section 13.02.
(k) Natural Features Setback: A twenty five (25) foot natural feature setback shall
be maintained in relation to the ordinary high water mark of any pond, river or
channel, and to the edge of any drainage way or regulated wetland. The Board of
Zoning Appeals may modify this requirement based upon the standards of section
22.6.6.
(l) Residential Agriculture Buffers: Where residential lots adjoin a lot zoned AG
Agriculture, a fifty (50) foot setback shall be maintained between the principal
dwelling and the boundary of the AG District. The principal dwelling shall also
comply with the setback requirement from a brain required under section 7.2.3.
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ARTICLE XV
STANDARDS FOR SPECIAL APPROVAL USES
SECTION 15.1 STATEMENT OF PURPOSE
This section provides a set of procedures and standards for special uses of land or
structures which, because of their unique characteristics, require special
consideration in relation to the welfare of adjacent properties and the community as
a whole.
The regulations and standards, herein, are designed to allow, on one hand, practical
latitude for the investor or developer, but at the same time maintain adequate
provisions for the protection of the health, safety, convenience and general welfare of
the community.
SECTION 15.2 SPECIAL APPROVAL PROCEDURES
The application for a Special Approval Use shall be submitted and processed under
the following procedure:
A. An application shall be submitted through the Building Inspector on a special
form for that purpose. Each shall be accompanied by the payment of a fee as
established by the Township Board.
In the event the allowance of a desired use requires both a rezoning and
permission for a Special Approval Use, both requests may be submitted jointly,
subject to the following:
1. The Ordinance procedure for each shall be followed as specified.
2. All applicable standards and specifications required by the Ordinance shall
be observed.
B. The following is required for all Special Approval Uses.
1. The special form shall be completed in full by the applicant including a
statement by the applicant that Section 15.2 can be complied with.
2. A completed site plan as specified in Article XVI, Site Plan Review.
C. The application together with all required data shall be transmitted to the
Township Planning Commission for review. The Township Planning Commission
shall then hold a public hearing. In such cases the notice requirements for
public hearings shall be followed. (Ord. 1-D, eff. 8/93)
D. A Special Approval Use granted pursuant to this Article shall be valid for one (1)
year from the date of approval. If construction has not commenced and proceeded
meaningfully toward completion by the end of this one (1) year period, the Building
Inspector shall notify the applicant in writing that the expiration of the permit
for the Special Approval Use may terminate following determination by the
Township Board.
E. The Township Board shall have the authority to revoke any Special Approval
Use after the applicant has failed to comply with any of the applicable
requirements of this Article or any other applicable sections of this Ordinance.
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SECTION 15.3 SPECIAL APPROVAL STANDARDS
Before formulating recommendations for a Special Approval Use application, the
Township Planning Commission shall require that the following general standards,
in addition to those specific standards established for each use, shall be satisfied.
(Ord. 1-D, eff. 8/93)
A. The Township Planning Commission shall review each application for the purpose
of determining that each proposed use meets the following standards, and in
addition, shall find/adequate evidence that each use on the proposed site will:
(Ord. 1-D, eff. 8/93)
1. Be designed, constructed, operated and maintained so as to be harmonious
and appropriate in appearance, with the existing or intended character of
the general vicinity and that such a use will not change the essential character
of the area in which it is proposed.
2. Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structures, refuse disposal,
water and sewage facilities and schools.
3. Not create excessive additional requirements at public costs for public
facilities and services.
4. Not involve uses, activities, processes, materials and equipment or conditions
or operation that will be detrimental to any persons, property or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare, or odors.
5. Be consistent with the intent and purpose of the Zoning District in which it
is proposed to locate such use.
B. The Township Board upon review, may approve or disapprove of a special approval
use, and may stipulate such additional conditions and safeguards deemed
necessary for the general welfare, for the protection of individual property rights,
and for insuring that the intent and objectives of this Ordinance will be observed.
The breach of any condition, safeguard, or requirement shall constitute a violation
of this Ordinance in accordance with the provisions of Section 20.1, herein.
C. All applicable licensing ordinances shall be complied with.
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ARTICLE XV-A
OPEN SPACE CLUSTER DEVELOPMENT OPTION
(Ord. 11-02)
SECTION 15A.01 INTENT
The open space cluster development option is intended to permit, with Township
approval, development of areas throughout the township which shall be substantially
in accord with the goals and objectives of the Dundee Township Master Plan. It is
the intent of this section to offer an alternative to conventional development through
the use of Planned Unit Development legislation, as authorized by Section 16c of the
Township Zoning Act (Public Act 184 of 1943), as amended) for the purpose of:
1. Encouraging the use of land in accordance with its character and adaptability;
2. Allowing innovation and greater flexibility in design;
3. Assuring the permanent preservation of natural, agricultural, social, cultural
and historic resources;
4. Providing open space and recreational facilities within a reasonable distance of
all residents of the development;
5. Provide complete non-motorized circulation to, from and within the development;
6. Provide convenient vehicular access throughout the development and minimize
adverse traffic impacts;
7. Facilitating the construction and maintenance of streets, utilities, and public
services in a more economical and efficient manner; and,
8. Ensure various land uses and building bulk will relate to each other and to
adjoining existing and planned uses in such a way that they will be compatible,
with no material adverse impact of one use on another.
SECTION 15A.02 ELIGIBILITY CRITERIA
To be eligible for open space cluster development consideration, the applicant must
present a proposal for residential development that meets each of the following:
1. Recognizable Benefits. An open space cluster development shall result in a
recognizable and substantial benefit, both to the residents of the property and
to the overall quality of life in the Township. The benefits can be provided through
site design elements in excess of the requirements of this Ordinance, such as
preservation of farmland, woodlands and open space, particularly along major
thoroughfares, buffering development from streams and wetlands, extensive
landscaping, unique site design features, aesthetic improvements and provision
of buffers between incompatible uses.
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2. Qualification Requirements. The proposed development shall provide at least
one (1) of the following open space benefits:
a. Significant Natural Assets. The site contains significant natural assets such
as woodlands, significant views, natural drainage ways, regulated or nonregulated
wetlands, or natural corridors that connect quality wildlife habitats,
which would be in the best interest of the Township to preserve and which
might be negatively impacted by conventional residential development.
b. Recreation Facilities. If the site lacks natural features, it can qualify if the
development will preserve existing or provide new recreation facilities and
open spaces to which all residents of the development shall have reasonable
access. Such facilities include areas such as parks, passive recreational
acilities, soccer fields, ball fields, pathways or similar facilities, but excluding
golf courses. The design and development of recreational facilities shall not
adversely impact to natural features, with the intent to place a higher priority
on natural features preservation.
c. Agriculture. A site can qualify if the development will preserve the required
open space for agricultural and agricultural buffering purposes.
3. Guarantee of Open Space. Usable open space shall be provided and the applicant
shall guarantee that all open space portions of the development will be maintained
in the manner approved, as required herein.
4. Cohesive Neighborhood. The proposed development shall be designed to create
cohesive community neighborhoods through a network of spaces for passive or
active recreation and resident interaction. All open space areas shall be equally
available to all residents of the development.
5. Unified Control. The proposed development shall be under single ownership or
control, such that there is a single person or entity having proprietary
responsibility for the full completion of the project. The applicant shall provide
sufficient document of ownership or control in the form of agreements, contracts,
covenants, and/or deed restrictions that indicate that the development will be
completed in its entirety as proposed.
6. Master Plan. The proposed development shall be consistent with and further
the implementation of the Township Master Plan.
SECTION 15A.03 DWELLING DENSITY
1. Density Determination by Parallel Plan: The number of dwelling units allowable
within an open space cluster development shall be determined through
preparation of a ―parallel plan.‖ The applicant shall prepare, and present to the
Township for review, a parallel plan for the project that is consistent with State,
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County and Township requirements and design criteria
for a tentative preliminary plat. The parallel plan shall
meet all standards for lot size, lot width and setbacks as
normally required by the underlying zoning district,
public roadway improvements and contain an area which
conceptually would provide sufficient area for storm water
detention.
2. Density Determination: The Township shall review the
design and determine the number of lots that could be
feasibly constructed with the underlying zoning following
the parallel plan. This number, as determined by the
Township, shall be the maximum number of dwelling
units allowable for the open space cluster development.
The regulatory flexibility of a open space cluster
development may be allowed to cluster the dwellings on
smaller lots or mix housing types, provided the overall
density shall not exceed that determined in the parallel
plan, unless a density bonus is provided under subsection
3 below.
SECTION 15A.04 AREA AND BULK REGULATIONS
1. Lot Sizes: Lot areas and width may be reduced below
the minimum requirements of the underlying zoning
district, provided that the open space within the
development equals or exceeds the total area of lot size
reduction.
2. Regulatory Flexibility: The setback requirements of the
underlying zoning district shall be used as guidelines for
the open space cluster development plan. To encourage
flexibility and creativity consistent with the intent of the open space cluster
development regulations, the Township may permit specific departures from
the requirements of the Zoning Ordinance. A table shall be provided on the site
plan that specifically details all deviations and any regulatory modification.
Deviations shall only be approved through a finding by the Township that the
deviation will result in a higher quality of development than would be possible
using conventional zoning standards. Only those deviations consistent with the
intent of this Ordinance shall be considered.
SECTION 15A.05 OPEN SPACE REQUIREMENTS
1. Common Open Space: All land within a development that is not devoted to a
residential unit or road right-of-way shall be set aside as common land for
neighborhood use, recreation, conservation or agriculture.
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2. Amount of Open Space: An open space cluster development shall maintain a
minimum of 50% of the gross area of the site as dedicated open space held in
common ownership.
3. Areas Not Considered Open Space: The following land areas are not calculated
as dedicated open space for the purposes of meeting the requirements of Section
15A.05.2:
a. Area proposed as single family residential lots or site condominiums,
b. Area proposed to be occupied by multiple family dwellings, including the
minimum required setbacks around buildings.
c. The area of any road right-of-way or private road easement, and
d. Any submerged land area of a pond, lake or stream, provided protected
wetlands and storm water detention ponds designed to function and appear
as naturals wetland may be counted as open space.
4. Open Space Location: Common open space shall be planned in locations visible
and accessible to all in the open space cluster development (i.e. centrally located
and not isolated corners of the development). The common open space may
either be centrally located, along the road frontage of the development, located
to preserve significant natural features, located to buffer adjacent farmland or
located to connect open spaces throughout the development, provided the
following areas shall be included within the open space area:
a. The open space along the exterior public roads shall have a depth of at least
one hundred (100) feet, either landscaped or preserved in a natural wooded
condition.
b. Open space shall be situated to maximize the preservation of any existing
site woodlands.
c. A minimum one-hundred (100) foot wide undisturbed open space setback
shall be maintained from the edge of any stream or wetland; provided that
the Township may permit trails, boardwalks, observation platforms or other
similar structures that enhance passive enjoyment of the site’s natural
amenities within the setback.
d. A minimum one-hundred fifty (150) foot wide open space buffer shall be
maintained between residential lots and any adjacent parcel occupied by a
agricultural use.
e. Where adjacent land includes open space or pathways, open space
connections shall be provided between the site and adjacent open space.
Trails between adjoining open space development shall be interconnection
to allow pedestrian movement between neighborhoods.
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5. Open Space Protection: The dedicated open space shall be set aside in perpetuity
by the developer through an irrevocable conveyance that is found acceptable to
the Township Attorney, such as a conservation easement. The conservation
easement shall assure that the open space will be protected from all forms of
development, except as shown on an approved site plan, and shall never be
changed to another one. The conservation easement shall provide the following;
a. Allowable use(s) of the dedicated open space shall be indicated. The Township
may require the inclusion of open space restrictions that prohibit the
following:
1) Dumping or storing of any material or refuse;
2) Activity that may cause risk of soil erosion or threaten any living plan
material;
3) Cutting or removal of live plant material except for removal of dying or
diseased vegetation;
4) Use of motorized off-road vehicles;
5) Cutting, filling or removal of vegetation from wetland areas;
6) Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.
b. Require that the dedicated open space shall be maintained by parties who
have an ownership interest in the open space. Standards for scheduled
maintenance of the open space shall be provided. The conservation easement
shall provide for maintenance to be undertaken by the Township in the
event that the open space is not adequately maintained, or is determined by
the Township to be a public nuisance, with the assessment of costs upon
the owners of the open space.
c. The dedicated open space shall forever remain open space, subject only to
uses approved by the Township on the approved site plan. Further
subdivision of open space land or its use for other than recreation,
conservation or agricultural purposes, except for easements for utilities and
septic systems, shall be strictly prohibited. Any change in use of the open
space from what is shown on the approved site plan shall require Township
Board approval, based upon a recommendation by the Planning Commission,
provided such change shall not diminish compliance with the requirements
of this ordinance.
d. Nothing herein shall prevent the conveyance of open space to a public agency
for recreational or conservation use.
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SECTION 15A.06 NATURAL FEATURES
1. Limits of Tree Clearing: The development shall be designed so as to preserve
natural resources. The limits of tree clearing and grading shall be clearly shown
on the preliminary site plan or plat.
2. Animal or Plant Habitats: If animal or plant habitats of significant value exist
on the site, the Township, as a condition of approval, may require that the site
plan preserve these areas in a natural state and adequately protect them as
nature preserves or limited access areas.
SECTION 15A.07 LANDSCAPING
The following landscaping requirements shall be met in addition to other landscaping
requirements contained in the Zoning Ordinance:
1. Street Trees: Both sides of all internal roads shall be landscaped with street
trees. For road frontages of individual lots or condominium sites, a minimum of
two (2) canopy trees shall be provided per dwelling. For sections of road that do
not abut lots or condominium sites, one canopy trees shall be provided on each
side for every forty (40) feet or road. Existing trees to be preserved within ten
(10) feet of the road right-of-way or easement may be credited towards meeting
this requirement.
2. Frontage Greenbelt: A minimum one-hundred (100) foot deep greenbelt shall
be maintained along the exterior public roads. This greenbelt shall be landscaped
with a minimum of one (1) evergreen tree or canopy tree for each twenty (20) feet
of road frontage arranged in natural groupings. Preservation of existing trees
within the greenbelt may be credited towards meeting the landscaping
requirement.
SECTION 15A.08 DESIGN STANDARDS
1. Residential Facades: Residential facades shall not be dominated by garages;
at least 40% of residential units shall have side entry garages or recessed garages
where the front of the garage is at least five (5) feet behind the front line of the
living portion of the principal dwelling. The intent of encouraging recessed or
side entry garages is to enhance the aesthetic appearance of the development
and minimize the aesthetic of the development and minimize the aesthetic impact
resulting from the close clustering of units allowed under these regulations.
2. Site Elements: Signage, lighting, landscaping, building architecture and
materials, and other features of the project, shall be designed to achieve an
integrated and controlled development, consistent with the character of the
community, surrounding development or developments, and natural features of
the area. Residential entrance signs and commercial signs shall be approved as
part of the final open space cluster development.
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SECTION 15A.09 AGREEMENT
The applicant shall submit an Agreement stating the conditions upon which approval
is based, for review and approval by the Township Attorney. The Agreement, after
review by the Planning Commission and approval by the Township Board shall be
entered into between the Township and the applicant and be recorded with the
County Register of Deeds. Approval shall be effective upon recording. Said agreement
shall provide:
1. A survey of the acreage comprising the proposed development.
2. The manner of ownership of the developed land.
3. The manner of the ownership and of dedication or mechanism to protect any
areas designated as common areas or open space.
4. Provision assuring that those open space areas shown on the plan for use by the
public or residents of the development will be or have been irrevocably committed
for that purpose. The Township may require conveyances or other documents to
be placed in escrow to accomplish this.
5. Satisfactory provisions have been made to provide for the future financing of
any improvements shown on the plan for site improvements, open space areas
and common areas which are to be included within the development and that
maintenance of such improvements is assured by a means satisfactory to the
Township Board.
6. The cost of installing and maintaining all streets and the necessary utilities has
been assured by a means satisfactory to the Township Board.
7. Provisions to ensure adequate protection or natural features.
8. The preliminary site plan shall be incorporated by reference and attached as an
exhibit.
SECTION 15A.10 APPROVAL PROCESS
1. Review Process: A open space cluster development may be approved by the
Township Board, based upon a recommendation by the Planning Commission
following the review procedures and approval standards of this Chapter and the
Township Subdivision Control Ordinance, where a subdivision is being proposed,
or Article 16, Site Plan Review, if a condominium or multiple family development
is being proposed.
2. Public Hearing: The Commission shall conduct at least one (1) public hearing
for the purpose of receiving public comments on the proposed open space cluster
development. Notification of the public hearing shall be the same as that required
for special land uses in Section 15.2, Special Approval Procedures. At the public
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hearing, the Planning Commission shall review both the open space cluster
development preliminary site plan and the parallel plan.
3. Planning Commission Recommendation to the Board: Following the public
hearing the Commission shall review both the open space cluster development
preliminary site plan and the parallel plan and make recommend to the Board
approval, denial, or approval with conditions. The Commission shall state its
reasons for such recommendation. The minutes containing the record of the
public hearing and the Commission’s recommendation shall be forwarded to
the Board and to the applicant prior to the Board’s consideration of the open
space cluster development. The Planning Commission shall also concurrently
make a recommendation to the Township Board regarding the tentative
preliminary plat or preliminary site plan, as applicable.
4. Conditions: Reasonable conditions may be required with the special approval
of an open space cluster development, to the extent authorized by law, for the
purpose of ensuring that public services and facilities affected by a proposed
land use or activity will be capable of accommodating increased service and
facility loads caused by the land use or activity, protecting the natural
environment and conserving natural resources, ensuring compatibility with
adjacent uses of land, promoting the use of land in a socially and economically
desirable manner, and further the implementation of the Dundee Township
Master Plan.
5. Final Approvals: Following preliminary approval, the application shall follow
the procedures and requirements for final approvals following the subdivision
or site plan review process, as applicable. All final site plans or final preliminary
plats subsequently submitted shall conform with the preliminary open space
cluster development plan, all conditions attached to preliminary approval and
the requirements of this ordinance. Where the Planning Commission determines
that changes to the final site plan or final preliminary plat significantly deviate
from the preliminary open space cluster development plan, the Planning
Commission shall conduct another public hearing and review the plan as an
amended resubmission of the preliminary site plan under the standards of this
chapter.
6. County and State Approvals: All lots that are not served by public water and
sewer shall conform to the requirements of the Monroe County Health
Department. Documentation of Health Department approval of all lots shall be
provided prior to final site plan approval. Final plans shall be approved by the
Monroe County Road Commission and the Monroe County Drain Commission
prior to the Township Board granting final site plan approval.
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ARTICLE XVI
SITE PLAN REVIEW
SECTION 16.1 SITE PLAN REVIEW PROCEDURES
Prior to the creation of a use or erection of a building in the District and conditions
cited below, a site plan shall be submitted, in accordance with this Article, to the
Planning Commission for approval. Site plans are required for the following uses
and development to be created in the following districts if the proposed project is
over one (1) acre in size and/or if more than one (1) principal building is proposed to
be built on a given lot of record or on a group of adjacent lots in common ownership.
1. For Permitted and Special Approval Uses in:
a. Multiple-Family Residential District
b. Commercial District
c. Industrial District
2. For Special Approval Uses in:
a. Agricultural District
b. Single-Family Residential Districts
3. For any rezoning petition which, in the opinion of the Planning Commission,
may produce a subsequent request to the Board of Appeals for a difficult or
complex variance.
4. The construction of a public road or highway (Eff. 4/00)
SECTION 16.2 SITE PLAN CRITERIA
1. The date, north arrow and scale. The scale shall not be less than one (1) inch
equals twenty (20) feet for property under three (3) acres and at least one (1)
inch equals one hundred (100) feet for those three (3) acres or more.
2. All lot and/or property lines are to be shown and dimensioned, including building
setback lines on corner lots.
3. The location and height of all existing and proposed structures on the subject
property.
4. The location and dimensions of all existing and proposed drives, sidewalks, curb
openings, signs, exterior lighting, parking areas (show dimensions of a typical
parking space), unloading areas and recreation areas.
5. The location and the pavement and right-of-way width of all abutting roads,
streets or alleys.
6. The name and firm address of the professional individual responsible for the
preparation of the site plan.
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7. The name and address of the property owner and/or petitioner.
8. Provide a locational sketch to scale showing properties and respective zoning
within one quarter (1/4) mile of the subject property and owner.
9. The locations of all rubbish receptacles.
10. Size and location of existing and proposed utilities, including proposed
connections to public sewer or water supply systems, above and below grade.
11. Location of all fire hydrants.
12. A summary schedule should be affixed, if applicable, which gives the following
data:
a. The number of dwelling units proposed, to include the number, size, and
location (by code if necessary) of one-bedroom units, two-bedroom units,
etc.
b. The residential area of the site in acres and in square feet, including
breakdowns for any subareas or staging areas (excluding all existing or
proposed right-of-ways).
13. Location of all surface drainage facilities with sizes and types.
14. Contour shall be shown on all industrial, multiple-family and mobile home park
development site plans (2 foot intervals minimum). Topography to be shown on
all site plans.
15. For multiple-family development site plans, there shall be shown typical elevation
views of the front and side of each type of building proposed, as well as typical
dimensions floor plans for each type of dwelling unit.
SECTION 16.3 SUBMITTAL
The site plan and all related information specified above shall be presented to the
Planning Commission in ten (10) copies by the property owner petitioner. Prior to
presentation to the Commission, the property owner or petitioner shall have secured
approval of the Monroe County Road Commission, and/or Michigan Department of
Transportation, Monroe County Drain Commission and the Monroe County Health
Department, if necessary. Copies shall be distributed to the following parties for
review and information: (Eff. 4/00)
 One copy to the Secretary of the Planning Commission
 One copy to the Township Clerk
 One copy to the Township Building Department
 One copy to the Township Fire Chief
 One copy to the Township Engineer
 One copy to the Township Planning Consultant
SECTION 16.4 REVIEW PROCESS
1. In the process of reviewing the site plan, the Planning Commission shall consider:
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a. The location and design of driveways providing vehicular ingress and egress
from the site in relation to pedestrian traffic.
b. The traffic circulation features within the site and location of parking lots
and may make such requirements with respect to any matters as will assure:
1) Safety and convenience of both vehicular and pedestrian traffic both
within the site and in relation to access streets.
2) Satisfactory and harmonious relationships between the development of
the site and existing and prospective development of contiguous land
and adjacent neighborhoods.
c. The Planning Commission may further require landscaping, fences, and
walls in pursuance of these objectives and same shall be provided and
maintained as a condition of the establishment and continued maintenance
of any use to which they are appurtenant.
d. Other information as may be reasonably required by the Planning
Commission to base an opinion of the proposed development.
2. The Planning Commission may submit plans to other local agencies or
departments so that they might comment on any problems the plans might
impose.
a. Any application for site plan approval shall be accompanied by a fee as
determined by the Township Board. Such fee may be utilized by the Township
Board to obtain the services of one or more expert consultant qualified to
advise as to whether the proposed development will conform to the applicable
Township Ordinances, policies, and standards, and for investigation and
report of any objectionable elements which are of concern to the Planning
Commission. Such consultants should report to the Planning Commission
as promptly as possible.
b. The review by the Planning Commission shall follow the criteria set forth
herein for review by the Township Board. Within forty-five (45) days after
submittal of the site plan to the Township by the applicant, the Township
Planning Commission shall either recommend approval, disapproval or
request modifications in the site plan. The Township Board shall take no
action on the site plan until it receives a written recommendation in
connection with the site plan from the Planning Commission.
c. When an applicant receives final site plan approval, he must develop the
site exactly as approved by the Township Board.
d. Any site plan approval may be revoked when the construction of said
development is not in conformance with the approved plans, or if said
development is not completed within two (2) years. In either case the
Township Board shall give the applicant notice of intention to revoke such
permit at least ten (10) days prior to review of the permit by the Township
Board. After conclusion of such review, the Township Board may revoke its
approval of the development, or extend the period of validity of the approved
site plan upon evidence of intent to complete by the developer in accordance
with the approved site plan.
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SECTION 16.5 REVOCATION
Any site plan approval may be revoked when the construction of said development
is not in conformance with the approved plans, in which case the Township Board
shall give the applicant notice of intention to revoke such permit at least ten (10)
days prior to review of the permit by the Township Board. After conclusion of such
review, the Township Board may revoke its approval of the development if the
Board feels that a violation in fact exists and has not been remedied prior to such
hearing.
SECTION 16.6 APPEALS
The decision of the Township Board with respect to the site plan is appealable to
the Board of Appeals upon written request by the property owner or petitioner for a
hearing before said Board of Appeals. In the absence of such request being filed
within thirty (30) days after the decision is rendered by the Township Board, such
decision becomes and remains final.
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ARTICLE XVII
MOBILE HOME PARK REGULATIONS
SECTION 17.1 GENERAL REQUIREMENTS
1. Each mobile home within a mobile home park shall contain a complete bathroom,
including flush toilet, kitchen facilities, sleeping accommodations and plumbing
and electrical connections. Travel trailers and other recreational vehicles shall
not be occupied in a mobile home park.
2. Mobile home skirting shall be vented. Louvered or similar vents shall be at least
a minimum of 600 square inches per 1,000 square feet of living space. A minimum
of one (1) vent shall be placed at the front and rear of the mobile home and to
each exposed side. An access panel of sufficient size to allow full access to
utility hookups located beneath the mobile home shall be installed. All skirting
shall be manufactured of fire-resistant material and certified as such by the
manufacturer. Skirting shall be installed in a manner so as to resist damage
under normal weather conditions to include, but not limited to, damage caused
by freezing and frost, wind, snow, and rain.
3. Storage of goods and articles underneath any mobile home or out-of-doors at
any mobile home site shall be prohibited except in an approved enclosed storage
facility.
4. Canopies and awnings may be attached to any mobile home and may be enclosed,
subject to mobile home site regulations, herein. When enclosed, such shall be
considered a structure and part of the mobile home and building and occupancy
permits issued by the Building Inspector shall be required.
5. All garbage and rubbish shall be stored, and transferred in accordance with the
procedures outlined in Part 5, Garbage and Rubbish Storage and Disposal, of
the Mobile Home Commission Rules. Garbage and trash removal shall be made
at least once per week, except during the summer when health conditions may
warrant additional pickups. Incineration of garbage of rubbish on the site shall
be prohibited.
6. A mobile home park shall not limit occupancy to certain makes of mobile homes
and shall not restrict occupancy to those mobile homes which might be sold by
the management company.
7. Entry fees shall be prohibited.
8. All structures and utilities to be considered, altered, or repaired in a mobile
home park shall comply with all applicable codes of the Township, the State of
Michigan, the U.S. Department of Housing and Urban Development and the
Mobile Home Commission, including building, electrical, plumbing, liquified
petroleum gases and similar codes, and shall require permits issued therefore
by the appropriate offices. All structures and improvements to be constructed
or made under the Township Building Code shall have a building permit issued
therefore by the Building Inspector. Such structures or improvements shall
have a minimum of two inspections prior to a final inspection therefore by the
Building Inspector.
9. A Mobile Home Park shall have a public water and sewer system and/or on-site
water and waste water treatment system acceptable by the Michigan Department
of Public Health and Michigan Department of Natural Resources.
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10. The site and surrounding area shall be suitable for residential use. It shall not
be subject to hazards such as insect or rodent infestation, objectionable smoke,
noxious odors, unusual noise, subsidence, or the probability of flooding or erosion.
The soil, groundwater level, drainage, rock formation, and topography shall not
create hazards to the property or to the health and safety of occupants.
11. All land in a Mobile Home Park shall comprise a single parcel. Public
thoroughfares, except extensions of local and collector streets proposed as part
of a mobile home park site plan, shall not bisect or divide a mobile home park to
avoid unwarranted public traffic from traveling through the park.
12. A mobile home park shall not be occupied unless at least twenty-five (25) or fifty
(50) percent of the expected total, whichever is less, mobile home sites are
available for occupancy at the time of opening of the park.
13. A mobile home park shall not be developed on less than twenty (20) acres.
Individual sites within a park shall be developed with sites having 5,500 square
feet per mobile home unit being served. This 5,500 square feet may be reduced
by twenty (20) percent provided that the individual site shall be equal to at least
4,400 square feet. For each square foot of land gained through the reduction of
the site below 5,500 square feet, at least an equal amount of land shall be
dedicated as open space, but in no case shall the open space requirements be
less than that required under R 125. 1946, Rule 946 of the Michigan
Administrative Code.
14. The minimum setback for a park shall be 50' from a public right-of-way.
15. The mobile home park shall be constructed pursuant to P.A. 419 of 1976, being
MCL 125.1101 et seg. and the rules promulgated thereunder.
16. Landscaping and/or greenbelts shall be in conformance with the provisions of
Article XVI — Site Plan Review, and Article V — General Provisions, where
applicable. Common laundry drying yards, trash collection stations, surface
mounted transformers, and similar equipment and facilities shall be screened
from view by plant materials or by manmade screens. Required landscape strips
shall not be included in the calculation of required recreational areas. Parking
shall not be permitted in any required buffer area.
17. All mobile home parks shall be located within the Multiple Residential District
as designated in Article X of this Ordinance.
SECTION 17.2 MOBILE HOME SITE REGULATIONS
1. The Mobile Home Code, as established by the Mobile Home Commission under
the authority of Act 419 of the Public Acts of 1976, regulates mobile home
park density, design, construction, licensing, and individual mobile home
installation (anchoring). All mobile home parks shall be constructed according
to the standards of the Mobile Home Code which includes specifications for
internal road widths, lengths, turning radii, alignment, gradients, construction
materials, curbing, parking, utilities, pedestrian circulation, pad size,
maintenance, setbacks and screening. Any variance from these established
standards granted by the Township must be filed with the Michigan Mobile
Home Commission, however, the Commission may approve, disapprove, or
revoke the variance upon notice and hearing.
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SECTION 17.3 UTILITIES
Each mobile home shall be suitably connected to sanitary sewer, water and other
available utility lines and such connections shall meet the following regulations.
1. A public water system or water system approved by the Michigan Department of
Public Health, and in accordance with Act 399, P.A. 1976 - The Safe Drinking
Water Act - shall be provided within a Mobile Home Park. The water supply
shall be adequate for fire fighting purposes.
2. A public sewer system or water treatment system approved by the Michigan
Department of Public Health and the Michigan Department of Natural Resources,
shall be provided within a Mobile Home Park.
3. Each mobile home space shall be provided with at least a four (4) inch sanitary
connection. The sewer shall be closed when not connected to a mobile home
and shall be capped so as to prevent escape of odors. The sewer condition shall
be watertight and self-draining and shall not exceed ten (10) feet in length above
ground.
4. The plumbing connections to each mobile home site shall be constructed so
that all lines are protected from freezing, from accidental bumping, or from
creating any type of nuisance or health hazard.
5. All electrical lines to each mobile home site shall be underground. Separate
meters shall be installed for each site. All cable television and telephone lines
shall be underground. Above ground lines are allowed for the connection between
the mobile home unit and the individual site utility pedestals.
6. If an exterior television antenna installation is necessary, a master antenna
shall be provided and service therefrom shall be extended to individual mobile
home sites by underground lines. The master antenna shall be placed so as not
to be a nuisance to park residents and surrounding areas, and must have
sufficient land area surrounding the base equivalent to 1 1/2 times the height
of the tower for safety reasons. The master antenna shall not exceed a height of
40 feet, and be adequately screened to prevent access by children.
7. An electrical service adequate for single-family residence needs shall be provided
for each mobile home space. The installation shall comply with all State and
Township electrical regulations.
8. All fuel oil and liquified gas supplies shall be installed in a manner consistent
with the requirements contained in the General Rules of the Michigan Mobile
Home Commission as provided for in Act 419 of the Public Acts of 1976.
SECTION 17.4 ACCESS AND PARKING
1. All internal streets, driveways, motor vehicle parking spaces and walkways within
the park shall be hard surfaced unless, otherwise provided herein, and shall
further comply with the General rules of the Michigan Mobile Home Commission
as provided for in Act 419 of the Public Acts of 1976.
2. Each mobile home park shall have at least one private or public collector street
located within the park and connecting it with a public street. Mobile home
sites shall not front onto or have access to a collector street or to any public
street serving the park, access shall be obtained from site access streets. A
collector street shall be a street which carries traffic from the site access streets
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in the park to the principal common areas and facilities of the park and to the
public roads which provide access to the park.
3. All entrance streets for a park shall be designed as collector streets and shall
have a minimum width of thirty-seven (37) feet, back of curb, for a minimum
distance of two hundred (200) feet from the edge of pavement of the public
street which provides access to the park. Tapering of pavement to a narrower
width shall meet Monroe County Road Commission standards.
4. Cul-de-sac streets shall have a turnaround with a minimum outside radius of
fifty (50) feet and shall have a maximum length of three hundred (300) feet.
5. Entrances and exits for a mobile home park from County or State highways
shall have written approval of the highway authority having jurisdiction before
the final site plan for all or any phase of the mobile home park shall be approved
by the Mobile Home Commission.
6. Where a proposed Mobile Home Development is adjacent to properties that
have existing public sidewalks on them and the sidewalk abuts the MHP parcel,
the developer shall also construct a sidewalk of equal width to act as a connection
between, or an extension of the existing public sidewalk(s). Said sidewalk(s)
shall be necessary for only those portions of a Mobile Home Park fronting upon
a public thoroughfare, and in accordance with the provisions of Article IV of
the Dundee Township Subdivision Regulations, being section 401.
SECTION 17.5 STORAGE AREAS
The on-site, outdoor storage of boat trailers, boats, camping units, horse trailers,
and similar equipment shall be prohibited. The mobile home park may provide,
within the confines of the park, a common outdoor storage area for the storage of
the above mentioned equipment. Said storage shall be surfaced with gravel, asphalt,
or similar substances and shall be screened from view with plant materials or man
made screening devices.
SECTION 17.6 PROCEDURES AND PERMITS
Application for permit to construct a mobile home park shall be submitted to the
State of Michigan Department of Commerce, Mobile Home Commission. The Mobile
Home Commission is the agency charged with licensing of mobile home parks.
Preparation of the application, support data and local agency review of the above
mentioned materials shall conform to the requirements of Act 419.
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ARTICLE XVII A
MOBILE HOMES LOCATED OUTSIDE OF MOBILE HOME
PARKS
(Ord. 1B-1, eff. 8/81)
SECTION 17A.1 MOBILE HOME GENERAL REQUIREMENTS
NO PERSON shall use, occupy or permit the use or occupancy of a mobile home as
a dwelling within any district allowing single family homes in Dundee Township,
not designated as a Mobile Home Park, unless:
1. A permit for the placement thereof has been obtained from the Township Building
Inspector. Said permit shall be accompanied by a non-refundable fee, in
accordance with the Schedule of Fees as established by the Dundee Township
Board, to defray the costs of inspection as provided in this Ordinance; and
2. Said mobile home, the placement thereof, and the premises upon which it
shall be located shall meet all requirements of the Dundee Township Zoning
Ordinance relating to uses, size of premises, floor area, setback, side lot and
rear lot requirements specified for the particular zoning district in which said
premises is situated; and
3. Said mobile home shall be connected to a potable water and sanitary sewage
disposal facilities approved by the Monroe County Health Department. If public
water and sanitary disposal facilities are available to said premises, said mobile
home shall be connected thereto; and
4. The mobile home shall be placed onto a permanent foundation wall. The wall
shall meet all requirements of the Dundee Township Construction Code and
shall completely enclose the area under the mobile home. The area so enclosed
shall not be less than the ground floor area of the mobile home. The mobile
home shall be anchored to the foundation wall in accordance with sound building
code procedures and/or manufacturers guidelines. The wheels, tongue and
hitch, or other appurtenances, shall be removed before attachment of the mobile
home to the foundation wall.
5. Construction of, and all plumbing, electrical apparatus, and insulation within
and connected to, said mobile home shall be of a type and quality conforming
to the United States Department of Housing and Urban Development, Mobile
Home Construction and Safety Standards (24CFR3280), and as from time to
time amended.
6. If placed in a flood zone, said mobile home shall meet the requirements as
outlined in Section 13.2.6 of this Ordinance; and
7. Said mobile home shall meet or exceed all roof snow load and strength
requirements imposed by the said United States Department of Housing and
Urban Development Mobile Home Construction and Safety Standards.
SECTION 17A.2 AESTHETIC COMPATIBILITY
The foregoing requirements in Section 17A.1 notwithstanding the Mobile Home
situated in a residential district within Dundee Township shall be aesthetically
compatible in design and appearance with conventional on-site constructed housing,
and other types of approved manufactured housing. Compatibility shall be
determined by the following standards.
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1. Exterior walls shall be finished with natural or simulated natural materials,
common to single-family dwellings, such as but not limited to beveled siding,
vertical siding, board and batten siding, or brick.
2. Front and rear or front and side exterior doors.
3. A roof drainage system which will collect, and concentrate the discharge of roof
drainage and will avoid roof drainage along the sides of the dwelling.
SECTION 17A.3 MOBILE HOME DEFINITION
As used herein the term ―Mobile Home‖ shall mean a movable or portable dwelling
constructed to be towed on its own chassis and designed for permanent year round
living as a single family dwelling. Provided, however, that the term ―Mobile Home‖
shall not include motor homes, campers, recreational vehicles (whether licensed or
not as motor vehicles) or other transportable structures designed for temporary use
and which are not designed primarily for permanent residence and connection to
sanitary sewage, electrical power and potable water utilities.
SECTION 17A.4 CERTIFICATE OF OCCUPANCY
No person shall occupy any mobile home as a dwelling within Dundee Township
until a Certificate of Occupancy shall be issued by the Building Official or Zoning
Administrator, which permit shall indicate satisfactory compliance with all
requirements of the Dundee Township Zoning Ordinance and Building Code.
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ARTICLE XVIII
EXTRACTIVE OPERATIONS REGULATIONS
SECTION 18.1 EXTRACTION OPERATIONS
The extractive operations section is provided for the proper development and utilization
of mineral resources existing within the Township, while at the same time making
proper provision for the present and future health, safety and welfare of the people
of the community.
To this end, such development and utilization of the mineral resources of the Township
shall be subject to appropriate regulation, both as to the conduct of the extractive
operation, and as to the reclamation of affected lands at the termination of each
operation.
It is the intent of this section that lands subject to extractive operations shall, upon
conclusion of such operations, be reclaimed and rendered fully useful for one or
more of the uses permitted as principal uses within the various districts provided in
this Ordinance.
1. Use Specifications Intent
The following types of extractive operations will be subject to the regulations of this
section:
a. The stripping, removing or excavating of any topsoil, soil, sand, peat, marl,
clay, gravel, stone or similar material.
b. The processing, storage, loading and transportation of the above mentioned
materials. These regulations, however, will not affect the excavations of
residential dwellings, commercial or industrial buildings, roads, wells,
parking lots, sewer or water lines, sanitary land fills and farm ponds, or
similar uses, pursuant to the Township Building Code and Section 7.2.7.
2. Extractive Area and General Restrictions
a. There shall be not more than one (1) entranceway from a public road to an
extraction operation for each six hundred and sixty (660) feet of front lot
line. Said entrance shall be located not less than five hundred (500) feet
from an intersection of two or more public roads.
b. At an extraction operation, no digging, stockpiling, excavating or equipment
storage and repair shall take place closer than one hundred (100) feet from
any lot line, and two hundred and fifty (250) feet from an existing residence
zoning district. If inactive for more than one (1) year, stockpiles of stripped
topsoil shall be seeded with grass or other materials so as to prevent erosion
onto other premises.
c. At an extraction operation, all roads, driveways, parking lots and loading
and unloading areas within one hundred (100) feet of any lot line shall be
paved, soiled, watered or chemically treated so as to limit the nuisance
caused by windborne dust on adjoining lots and public roads.
d. All fixed equipment and machinery shall be located at least one hundred
(100) feet from any lot line and five hundred (500) feet from any existing
residential zoning district. In the event the zoning classification on any
land within five hundred (500) feet of such equipment or machinery shall
be changed to a residential classification subsequent to the operation of
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such equipment or machinery, the operation of such equipment or machinery
may continue henceforth but in no case less than one hundred (100) feet
from any lot line adjacent to said residential district. A fence shall be
constructed of at least 5' of #12 1/2 gauge, 2" x 4" welded wire, or chain
link, with a three (3) strand barbed wire topping, secured to metal posts to
prevent trespass, and posted, at intervals not to be greater than two hundred
(200) feet, with a written statement to alert the public of the nature of the
facility. Said fence shall be a minimum of six feet in height.
e. The slope of the banks within the second one hundred (100) feet measuring
from the near edge of a public highway or within the second one hundred
(100) feet measuring from the property line of an adjoining land owner, or
within the second two hundred and fifty (250) feet to the nearest residence,
shall not exceed one (1) foot vertical drop to each four (4) feet horizontal.
f. A permanent or portable processing plant and its accessory structures shall
not be closer than two hundred and fifty (250) feet from any property line or
public highway.
g. All extractive operations shall be located in the ―I‖ District as designated in
Article XII, of this Ordinance.
3. Extractive Operations, Reclamation and Rehabilitation, General Requirements
Extractive operations and reclamation and rehabilitation activities shall be carried
out under the conditions of a special use permit issued and maintained under
the following requirements:
a. The applicant shall submit an extraction plan for the use of the property at
the time of application for the permit.
(1) The plan shall provide the following information:
(a) Boundary lines of the entire extraction area, dimensions and
bearings of the property lines of the extraction area, correlated with
the legal description;
(b) Recent aerial photo, showing the extractive area and adjacent
property, location and outline of wooded areas, streams, wetlands
and other natural features;
(c) Location of existing and planned site improvements such as
buildings, equipment, stockpiles, roads or other features necessary
to the extractive operation;
(d) Existing topography at contour intervals of two (2) feet.
(e) Total area to be affected by the extractive operation, including a
final grading plan;
(f) Location and description of soil types;
(g) An estimate of the type and amount of material to be extracted
from the site and the expected termination date of extractive
operations;
(h) Description of all activities to be conducted on the premises such
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as, but not limited to, operating hours, extraction, sorting and
washing operations, and the type, size and nature of equipment to
be used;
(i) Location and width of drives, sight distances, land widenings on
public roads at intersections of same with drives;
(j) Provision for buffer areas, landscaping and screening;
(k) Required affidavits and/or permits of operation secured from
County, State or Federal agencies, addressing pollution and/or
erosion control measures adopted by the extractive operation;
(l) Certified statement by a qualified geologist with supporting data
and analysis, concerning expected impact on the water table and
water supply wells in the vicinity of the site, and
(m) A map showing truck routes to and from the site.
(2) Except by special permit from the Township Board, such operations
shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Friday, and between 7:00 a.m. and 12:00 noon on
Saturdays. Operations shall not be permitted on Sundays or legal
holidays except under exceptional circumstances; (i.e. shutting down
of kilns or furnaces).
(3) Each permittee shall be held responsible for all public roads upon which
trucks haul materials from the extractive operation site; to keep these
roads in a driveable condition at least equal to that which existed prior
to the beginning of extractive operations; and to keep the roads dust
free and to clean any and all spillage of material and dirt, rock, mud
and any other debris carried onto the roads by these trucks or other
equipment.
(4) Any noise, odors, smoke, fumes or dust generated on the extractive
operations site by any digging, excavating, loading or processing activities
and borne or able to be borne by the wind shall be confined within the
lines of said lot so as not to cause a nuisance or hazard on any adjoining
lot or public road.
(5) Such extractive operation shall be conducted so as to minimize the
pollution of any material or of any surface or subsurface, watercourse
or water body outside of the extractive operations site on which such
use shall be located, or of any existing body of water located within the
extractive operations site.
(6) Such extraction shall not be conducted so as to cause or threaten to
cause the erosion by water of any land outside of the extractive operations
site so the earth materials are carried outside of the lines of the extractive
site that such extraction shall not be conducted as to alter the drainage
pattern of surface or direction of ground waters on adjacent property.
In the event that such extractive operation shall cease to be conducted,
it shall be the continuing responsibility of the owner(s) and the operator(s)
thereof to assure that no erosion or alteration of drainage pattern shall
take place after the date of the cessation of operation as specified in
this paragraph.
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(7) Travel routes for trucks entering and leaving the extractive area shall
be shown on a map of the Township at the time of application for the
special use permit. Such routes except arterial streets or their
equivalents, shall not pass through residential areas. These routes
must be submitted to and have written approval of, the Monroe County
Road Commission prior to the issuance of a special use permit, under
the auspices of the Michigan Trunk Line Highway Systems Act, Act 51,
P.A. 1951, as amended.
(8) Potable water supply and sanitary sewage disposal systems shall be
approved by the County Health Department before a special use permit
shall be issued.
(9) All abandoned areas affected by extractive operations shall be
rehabilitated progressively to a condition entirely lacking hazards,
inconspicuous, and blended with the general surrounding environment
and topography.
(10) The applicant shall provide a date for completing the extractive operation,
such date to be based upon the estimated volume of material to be
extracted and an average annual extraction rate. The special use permit
shall expire on that date. Any extension of operations beyond that date
shall require a new special use permit which shall be applied for and
processed as provided in this Zoning Ordinance.
b. In preparing the extracting plan, the applicant shall also include a plan for
the rehabilitation and reclamation of the extractive site. This plan shall be
incorporated into the extracting plan and filed at the time of application for
the special use permit.
(1) The rehabilitation and reclamation plan shall provide the following
information:
(a) Boundary lines of the entire extraction area; dimensions and
bearings of the property lines of the extraction area, correlated with
the legal description;
(b) Location and extent of all natural features to be retained during
mining operations where feasible;
(c) Contour lines at two (2) feet of the proposed restored surface, clearly
showing the connection to existing undisturbed contour lines;
(d) Schedule and areas of progressive rehabilitation;
(e) The proposed use of the site when restored; and
(f) Provisions for grading, revegetation and standardization that will
minimize erosion, sedimentation and public safety problems.
(2) The rehabilitation and reclamation plan shall also be written in
accordance with the following standards:
(a) All excavation shall be either to a water-production depth, such
depth to be not less than ten (10) feet below the average summer
level of water in the excavation or shall be graded or backfilled with
non-noxious, non-flammable, and non-combustible solids to insure:
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1. That the excavation area shall not collect stagnant water, and
not permit same to remain therein;
2. That the surface of the extractive area which is not permanently
submerged is graded or backfilled as necessary to produce a
gentle rolling surface that will minimize wind and water erosion,
and which will be generally compatible with the adjoining land
area.
(b) Where upon termination of the extractive operation, a body of water
results, the banks shall be sloped to at least ten (10) feet below the
waterline at a slope which shall not be steeper than one (1) feet
vertical to three (3) feet horizontal.
(c) Topsoil of a quality equal to that occurring naturally in the area
shall be replaced on excavated areas not permanently covered by
water, also excepting areas when streets, beaches or other planned
improvements are desired. Where used, topsoil shall be applied in
a thickness of no less than four (4) inches.
(d) Vegetation shall be restored by the seeding of grasses and
subsequent planting of trees and shrubs to establish a selfsustaining
vegetative cover on the land surface, and to minimize
erosion.
(e) Upon cessation of the extractive operations by abandonment, the
permittee, within a reasonable period of time not to exceed twelve
(12) months thereafter, shall remove all plant structures, buildings,
stockpiles, and equipment; provided that buildings and structures
which have a function under the rehabilitation and reclamation
plan, and which can be lawfully used under the requirements of
the zoning district in which they will be located under such plan,
may be retained.
The incorporated Extracting and Rehabilitation and Reclamation Plan elements shall
be reviewed by the Planning Commission, which shall then make recommendations
thereon in its report to the Township Board.
4. Financial Guarantees
a. The applicant shall provide the Township Board with a surety bond, in the
form and amount acceptable to the Township Board, to guarantee the
reclamation and rehabilitation of the site according to the approved plan
and certification of conformance by the Township Engineer.
b. The applicant shall provide a surety bond, when required by the Township
Board to maintain and replace County and Township roads traversed by
trucks associated with the extractive operation. The surety shall be deposited
with the Monroe County Road Commission in the form and amount required
by the Road Commission, in conjunction with the Michigan Trunk Line
Highway Systems Act, Act 51, P.A. 1951, as amended.
c. The Township Board shall not approve a special use permit for any extractive
operation until the Board has received the Planning Commission’s report
on the special use permit application, and on the plans required in this
Section, and until the required surety bond has been provided.
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5. Administration of Extractive Operations
a. The following procedures shall be followed before initiating and excavation
operation:
(1) The applicant shall file an extraction, reclamation and rehabilitation
plan in accordance with the requirements of subsection 15.7.3 of this
Ordinance. This plan may be in the form of a plat or map, and shall
carry evidence of review and approval if required by any County or
State agency of competent jurisdiction. On the basis of this plan, the
operating company shall file a statement of net excavation area.
(2) The applicant shall file a reclamation and rehabilitation plan, subject
to the requirements of subsection 18.1.3 and shall provide a financial
guarantee in accordance with the requirements of subsection 18.1.4 of
this Ordinance.
(3) The Township Planning Commission shall review the proposed extractive,
reclamation and rehabilitation plans and make its recommendation to
the Township Board.
(4) The Township Board will review the recommendations and accept or
reject the plan. Upon acceptance of the plans, the Township Board will
receive the financial guarantee of reclamation, in accordance with Section
18.1.4 of this Ordinance.
b. Before commencement of extractive operations, a permit shall be issued by
the Building Inspector upon payment of an annual fee in accordance with
the Schedule of Fees as adopted by the Dundee Township Board. This fee
shall defray any administrative expense rising out of the extractive operation.
c. Inspections and Conformance:
(1) Inspections shall be made of the extractive site, not less often than
twice in each calendar year, to insure conformance with the requirements
of this Ordinance.
(2) Any violation shall be reported in writing to the Township Board. The
report shall be forwarded, with a request for compliance, to the permittee.
(3) Failure on the part of the permittee to correct a reported violation within
thirty (30) days after such request is made by the Township shall be
reason for revocation of the permit. Additional time for correction of
the cited violation may be allowed upon submission to the Township
Board of proof of good and sufficient cause by the permittee.
SECTION 18.2 REMOVAL OF SOIL, SAND OR OTHER MATERIAL
The use of land for the removal of topsoil, sand, gravel or other material from the
land is permitted in any district but only under a Temporary Certificate from the
Building Inspector, after approval of the Township Board that such removal will not
be below the normal grade as established from the nearest existing or proposed
street, or at least sixty-four (64) inches above the established flow line of the nearest
county drain as established by the County Drain Commissioner of Monroe County,
and should any question occur as to the established flow line, the same may be
determined by the Board; when such grade has been established and approved by
the Building Inspector, a Temporary Certificate may be issued in appropriate cases
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upon the filing of an application accompanied by a cash bond or surety bond by a
surety company authorized to do business in the State of Michigan in an amount as
established by the Township Engineer, to guarantee that such removal will not cause
stagnant water to collect or leave the surface of the land at the expiration of such
permit in an unstable condition or unfit for the growing of turf or other land uses
permitted in the district in which such removal occurs. This regulation shall not
prohibit the normal removal of soil for the construction of an approved building or
structure when such plans have been approved by the Building Inspector and a
building permit has been issued for said building development. Such Temporary
Certificate shall be authorized by the Township Board after a written recommendation
from the Monroe County Road Commission, after public notice and hearing when
there exists conformity to the requirements of this section.
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ARTICLE XIX
SIGNS
(Ord. 5-02)
SECTION 19.1 INTENT
The purpose of this Article is to regulate and limit the construction or reconstruction
of signs and billboards to protect the public peace, morals, health, safety and general
welfare. Such signs will not, by reason of their size, location, construction, or manner
of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary
for vehicular and pedestrian traffic safety, or otherwise endanger public welfare, be
permitted. Further, the regulation of such permitted signs and billboards is meant
to prevent them from causing annoyance or disturbance to the residents of Dundee
Township.
SECTION 19.2 SCOPE OF REQUIREMENTS
It will be unlawful for any person, firm or corporation to erect, construct, or alter any
sign in Dundee Township except in conformance with the provisions of this Article,
subject to issuance of a permit, except as otherwise provided herein.
For purposes of this Section, the word ―sign‖ shall, unless specifically stated otherwise,
also include within its meaning the words ―advertising signs‖ and ―billboards‖.
SECTION 19.3 DEFINITIONS
For the purposes of this Section, the following definitions shall apply:
Banner Sign: A sign made of fabric, cloth, paper, or other non-rigid material that is
typically not enclosed in a frame.
Billboard: A sign that is affixed to or erected upon a freestanding framework designed
or intended to be used for posting information not pertaining directly to the use of
the premises on which it is located.
Construction Sign: A temporary sign identifying the designer, contractors and
subcontractors, and material suppliers participating in construction on the property
on which the sign is located.
Directional Sign: A sign installed by a public agency to direct traffic flow, regulate
traffic operations and provide information in conformance with the Michigan Manual
of Uniform Traffic Control Devices.
Election Campaign Sign: Signs advertising candidates or soliciting votes in support
of or against any proposition or issue at any general, primary, special, school or any
other election.
Flashing Sign: A sign which contains an intermittent or sequential flashing light
source.
Freestanding Sign: A sign which is erected upon or supported by the ground,
including ―pole or pylon signs‖ and ―ground signs‖.
Ground or Monument Sign: A three-dimensional, self-supporting, base-mounted
freestanding sign, consisting of two (2) or more sides extending up from the base,
and upon which a message, business, group of businesses or center name is affixed.
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Identification Sign: A sign that identifies the business, owner or resident and/or
the street address and which sets forth no other advertisement.
Illuminated Sign: A sign that provides artificial light directly (or through any
transparent or translucent material) from a source of light connected with such
sign, or a sign illuminated by a light so shielded that no direct rays from it are visible
from any public right-of-way or from the abutting property.
Illegal Sign: A sign which does not meet the requirements of this Ordinance and
which has not received legal nonconforming status.
Incidental Sign: A small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises. Examples of incidental signs include
signs indicating the hours of business, no smoking signs, signs used to designate
bathrooms, and signs providing information on business affiliations.
Institutional Bulletin Board: A sign containing a surface area upon which a
religious institution, school, library, or community center places the announcement
of its institutional services or activities.
Marquee Sign: An identification sign attached to a marquee, canopy or awning
projecting from and supported by the building, and not less than nine (9) feet, at its
lowest point, above sidewalk level.
Moving Sign: A sign in which the sign itself or any portion of the sign moves or
revolves. A ―rotating sign‖ is a type of moving sign. Such motion does not refer to the
method of changing the message on the sign.
Nameplate: A non-electric on-premise identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants.
Nonconforming Sign:
1. A sign which is prohibited under the terms of this Ordinance, but was erected
lawfully and was in use on the date of enactment of this Ordinance, or amendment
thereto.
2. A sign which does not conform to the requirements of this Ordinance, but for
which a variance has been granted.
Obsolete Sign: A sign that advertises a product that is no longer made or that
advertises a business that has closed.
Off-Premise Advertising Sign: An advertising sign whose message relates to a
business, service, commodity or profession lawfully being conducted, sold or offered,
on premises other than that upon which the sign is located.
On-Premise Advertising Sign: An advertising sign whose message relates to a
business, service, commodity or profession lawfully being conducted, sold or offered
on the same premises.
Pole or Pylon Sign: A type of freestanding sign supported by one (1) or more uprights,
poles or braces placed in or upon the ground surface and not attached to any building
and having a clear space of at least nine (9) feet from the ground to the bottom of the
sign.
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Portable Sign: A free standing sign not permanently anchored or secured to either
a building or the ground such as but not limited to ―A‖ frame, ―T‖ shaped, or inverted
―T‖ shaped sign structures. This includes hot-air and gas filled balloons, pennants,
streamers, ribbons, pinwheels, non-governmental flags, searchlights and signs
mounted on a portable structure, including those with wheels. Prohibited portable
signs shall not include signs which are expressly permitted in this ordinance.
Projecting Sign: A sign which projects from and is supported by a wall of a building
and does not extend beyond the minimum required setback line or into and over
street right-of-way, and no less than nine (9) feet, at its lowest point, above sidewalk
or ground level.
Public Sign: A sign erected in the public interest by or upon orders from a local,
state, or federal public official. Examples of public signs include: legal notices, safety
signs, traffic signs, memorial plaques, signs of historical interest, and similar signs.
Real Estate Development Sign: A sign that is designed to promote the sale or
rental of lots, homes, or building space in a real estate development (such as a
subdivision or shopping center) which is under construction on the parcel on which
the sign is located.
Real Estate Sign: A sign located on premises containing one (1) parcel of land or
one (1) building for sale, rent or lease, or one (1) building under construction and
intended for sale, rent or lease.
Roof Sign: Any sign erected, constructed and maintained wholly upon or over the
roof of any building with the principal support on the roof structure.
Sign: A name, identification, description, display, or illustration which is affixed to,
or painted, or represented directly or indirectly upon a building, structure or piece of
land, and which directs attention to an object, product, place, activity, person,
institution, organization or business.
Subdivision Sign: A sign placed at the primary entrance to a subdivision, or mobile
home park, containing information only about that subdivision.
Temporary Sign: A sign not constructed or intended for long term use. Examples
of temporary signs include signs which announce a coming attraction, a new building
under construction, a community or civic project, or other special events that occur
for a limited period of time.
Vehicle Signs: Signs painted or mounted on the side of a vehicle, including signs
on the face of a truck trailer.
Wall Sign: A sign attached directly to or painted upon a building wall and which
does not extend more than eighteen (18) inches from the wall of the building or more
than three (3) feet above the roof line, with the exposed face of the sign in a plane
parallel to the building wall. Signs which consist of individual letters, cabinet signs,
and signs mounted on the face of a mansard roof or parapet shall be considered wall
signs.
Window Sign: A sign located in or on a window which is intended to be viewed from
the outside. Permanent window signs which are not affixed directly to a window or
are positioned next to a window so that they are visible from the outside, shall be
considered wall signs.
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SECTION 19.4 GENERAL PROVISION
A. Exempt Signs. The following signs are specifically exempt from the provisions
of this Article, provided such signs are outside of the public street right-of-way
and are located to ensure adequate sight distance:
1. address numbers with a numeral height no greater than six (6) inches for
residences and eighteen (18) inches for businesses;
2. banners, advertising a public entertainment or event, provided that they
receive a permit from the Township Building Inspector, are only used in a
location designated by the Township Building Inspector, and are erected no
more than fourteen (14) days before the event they advertise and are removed
within one (1) business day following the event;
3. construction signs provided that there shall be only one such sign per
development project; with a maximum height of six (6) feet; not exceeding
sixteen (16) square feet in area; set back a minimum fifteen (15) feet from
any property line or public street right-of-way; and that such signs shall be
erected during the construction period only and shall be removed within
fourteen (14) days of the date a final approval for occupancy is issued;
4. garage sale and estate sale signs announcing the sale of household goods,
provided the following; there is only one (1) sign per premises; that they are
on-premise only, entirely on private property; that they do not exceed six (6)
square feet in area; and that they are erected no more than ten (10) business
days before and are removed within one (1) business day after the announced
sale;
5. ―help wanted‖ signs soliciting employees for the place of business where
posted, provided that the maximum area for all such signs shall be six (6)
square feet with a maximum height of four (4) feet;
6. historical marker including plaques or signs describing state or national
designation as a historical site or structure and containing narrative, not
exceeding twelve (12) square feet in area;
7. incidental signs not exceeding a total of two (2) square feet, a total of two (2)
signs per business indicating acceptance of credit cards or describing
business affiliations and are attached to a permitted sign, exterior wall,
building entrance or window;
8. memorial signs or tablets, names of buildings and date of erection,
monumental citations, commemorative tablets when carved into stone,
concrete or similar material or made of bronze, aluminum or other
noncombustible material and made an integral part of the structure and
not exceeding twenty-five (25) square feet in area;
9. non-commercial signs including signs containing non-commercial messages,
such as those designating the location of public telephones, restrooms,
restrictions on smoking and restrictions on building entrances, provided
that such signs do not exceed two (2) square feet in area;
10. private traffic control signs which conform to the requirements of the
Michigan Manual of Uniform Traffic Control Devices;
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11. residential nameplates identifying the occupants of the building, the home
occupation, or for professional purposes provided such sign shall be limited
to one (1) per dwelling and not exceed two (2) square feet in area; then sign
shall not be illuminated and must be attached to an exterior building wall;
12. signs on a bus, truck, trailer, or other vehicle while operated and used for
transport in the normal course of a business, provided that the primary use
of the vehicle displaying the sign shall not be for the purpose of advertising
a business on the premises where the vehicle is parked;
13. permanent signs on vending machines, gas pumps, or ice containers
indicating only the contents of such devices, provided that the sign area of
each device shall not exceed three (3) square feet in area, limit of one (1)
sign per vending machine, gas pump or ice container;
14. political signs, provided that the property contains an occupied structure;
such signs are not placed within the public street right-of-way; such signs
are spaced at least ten (10) feet apart; such signs do not exceed four (4)
square feet in area; and that such signs are removed within one (1) business
day following the election for which they are erected;
Bond. Bond in the following amounts shall be posted with the Building
Inspector before any election campaign sign is erected: Fifty dollars ($50.00)
for any individual candidate; Fifty dollars ($50.00) for each issue or
proposition; One hundred dollars ($100.00) for a slate of candidates
consisting of more than one (1) candidate. In the event of a slate of candidates,
a written statement shall be filed with the bond listing all candidates included
on the slate, and the bond shall cover only those candidates so listed.
Removal of Signs. Bond shall be returned to the person posting same if all
signs covered by such bond have been removed within the time limit herein
specified. Any signs remaining in place thereafter shall be subject to removal
by township employees, and the cost of such removal, at the current wage
rate paid to each employee, shall be deducted from the bond posted and
only the balance, if any, shall be returned.
15. portable real estate ―open house‖ signs provided the following conditions
are met:
a. the size of each sign shall be a maximum of four (4) square feet in size
and three (3) feet in height above grade;
b. there shall be only two (2) such signs placed off-premise and one (1) onpremise;
c. signs shall not be affixed to other signs, utility poles, fire hydrants or
trees;
d. signs may be located in the public right-of-way but shall be placed at
least fifteen (15) feet from the pavement edge;
e. the person or firm placing the signs shall obtain the written permission
from the owner or occupant of all properties on which such signs are
placed;
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f. the signs shall be allowed for a maximum of eight (8) hours per day;
and
g. the signs shall be removed within one (1) hour following closing of the
open house.
16. publicly authorized warning signs, such as no trespassing, no hunting,
warning of electrical currents or animals, provided such signs do not exceed
two (2) square feet in area;
17. ―For sale‖ signs on vehicles;
18. regulatory and directional traffic control and street signs erected by a public
agency in compliance with the Michigan Manual of Uniform Traffic Control
Devices; and
19. any sign which is located completely within an enclosed building, and which
is not visible from outside the building;
20. agricultural crop signs, provided such signs do not exceed four (4) square
feet in area.
B. Prohibited Signs. The following signs are prohibited in all districts:
1. any sign not expressly permitted;
2. signs having moving members or parts, or using high intensity or flashing
lights, spinners or animated devices;
3. string lights used for commercial purposes, other than holiday decorations;
4. any sign or sign structure which:
a. is structurally unsafe;
b. constitutes a hazard to safety or health by reason of inadequate
maintenance, dilapidation, or abandonment;
c. is capable of causing electric shock to person who comes in contact
with it; or
d. is not kept in good repair, such that it has broken parts, missing letters,
or non-operational lights.
5. any sign erected on a tree or utility pole, except signs of a government or
utility;
6. obsolete signs, as defined in this Ordinance;
7. portable signs, as defined, except where expressly permitted in this
Ordinance;
8. signs affixed to a parked vehicle or truck trailer which is being used
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principally for advertising purposes, rather than for transportation purposes;
9. signs which obstruct free access or egress from any building;
10. any sign which makes use of the words ―stop‖, ―look‖, or ―danger‖, or any
other words, phrases, symbols, or characters, in such a manner as to interfere
with, mislead, or confuse traffic;
11. signs which in any way simulate or could be confused with the lighting of
emergency vehicles or traffic signals; there shall be no flashing, oscillating
or intermittent, or red, yellow, or green illumination on any sign located in
the same line of vision as a traffic control system, nor interference with
vision clearance along any highway, street, or road or at any intersection of
two or more streets;
12. billboard signs;
13. any sign containing obscene, indecent, or immoral matter;
14. a sign within five hundred (500) feet of the right-of-way of a limited access
freeway.
SECTION 19.5 GENERAL STANDARDS FOR PERMITTED SIGNS
Signs which are permitted as accessory uses serving a commercial or information
purpose may be permitted subject to the requirements of this section; provided, that
no such sign shall be erected or altered until approved by the Township Building
Inspector and until a sign permit has been issued pursuant to Section 19.7 of this
Article.
A. Sight Distance.
1. Sign location to assure adequate sight distance. In order to ensure adequate
sight distance for motorists, bicyclists and pedestrians, a minimum clear
vision area shall be maintained between a height of twenty-four (24) inches
and six (6) feet within a triangular area measured twenty-five (25) feet back
from intersection of public right-of-way lines. Furthermore, signs shall not
be permitted where they obstruct motorist vision of regulatory signs, trafficcontrol
devices or street signs.
B. Design and Construction Standards.
1. All signs shall be properly maintained and shall not be allowed to become
unsightly or deteriorated through disrepair or action of the elements. Nonconforming
deteriorated signs, as judged by the Building Inspector, shall
not be repaired but shall be entirely removed from the premises by the
owner of said premises. A written notice of this requirement shall be
transmitted to the owner, and the sign shall be removed within thirty (30)
days of the date of such notice. If the owner does not comply, the Township
shall cause the sign to be removed and the cost of such removal and related
expenses to be borne by the owner from a cash bond previously posted or
assessed to the property.
2. Applicants for Temporary Subdivision Signs or Billboards shall file a cash
bond with the Township Treasurer to guarantee proper maintenance during
the permit period and removal of the signs after the expiration of the permit.
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Such cash bond shall be in the amount of one hundred dollars ($100.00).
In the event the applicant fails to maintain any sign properly or fails to
remove the sign at the time of expiration of the permit, the bond will be
forfeited. Such bond shall be paid to the Township Treasurer for each sign
at the time of original permit.
3. All signs, as permitted, shall be designed to be compatible with the character
of building materials and landscaping to promote an overall unified and
aesthetic effect in accordance with the standards set forth herein.
4. Signs shall be constructed in a safe and stable manner in accordance with
the Township’s adopted building code and electrical code. All electrical wiring
associated with a freestanding sign shall be installed underground.
5. All signs shall be designed to that the supporting framework, other than the
supporting poles on a freestanding sign, is contained within or behind the
face of the sign or within the building to which it is attached so as to be
totally screened from view.
6. All signs erected, constructed, reconstructed, altered or moved shall be
constructed in such a manner and of such materials so that they shall be
able to withstand wind pressure of at least twenty (20) pounds per square
foot or seventy-five (75) miles per hour.
7. All signs, including supports, shall have a minimum clearance of four (4)
feet from any electric fixture, street light, or other public utility pole or
standard.
8. Accessory business signs are permitted in any non-residential district which
pertain to that conforming accessory business or service being conducted
on the same premises as the sign is located.
C. Illumination.
1. Signs shall be illuminated only by steady, stationary, shielded light sources
directed solely to the sign, or internal to it.
2. Use of glaring undiffused lights or bulbs shall be prohibited. Lights shall be
shaded so as not to project onto adjoining properties or thoroughfares.
3. Sign illumination that could distract motorists or otherwise create a traffic
hazard shall be prohibited.
4. There shall be no flashing, oscillating or intermittent sign. All illuminated
signs shall be designed and located to prevent the light there from being
cast upon adjoining residences. The illumination of any sign shall not be
detrimental or annoying to surrounding property nor constitute a safety
hazard, as determined by the Building Inspector.
D. Measurement.
1. Sign Area. Sign area shall be computed as follows:
a. Where a sign consists of a generally flat surface or sign face on which lettering
and other information is affixed, the sign area shall be computed by
measuring the entire face of the sign.
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b. Where a sign consists of individual letters and logo affixed directly to a
building, the area of the sign shall be computed by measuring the area of
the envelope required to enclose the lettering and logo.
c. The area of a freestanding sign shall be computed by measuring the entire
vertical surface of one face upon which the letters and logo are attached.
d. When a sign has two (2) or more faces, the area of all faces shall be included
in calculating the area of the sign.
e. The area of a cylindrical ground sign shall be computed by multiplying the
diameter of the cylinder by its height.
SECTION 19.6 TEMPORARY REAL ESTATE SIGNS
One real estate sign shall be permitted per premise or building being marketed for
sale, rent or lease.
a. Size. A real estate sign for an individual property or building shall not exceed
ten (10) square feet in area and four (4) feet in height. A temporary sign up to
one hundred (100) square feet in area and ten (10) feet in height may be approved
by the Board of Appeals for a real estate development sign for a period not to
exceed twelve (12) months.
b. Location. Real estate signs shall be located on the same premises or building
being marketed for sale, rent or lease.
c. Setback. Real estate signs must be set back a minimum of one (1) foot from any
public or private street right-of-way or access drive. The distance shall be
measured from the nearest edge of the sign, measured at a vertical line
perpendicular to the ground to the right-of-way.
d. Duration. The real estate sign shall remain on the premises or building only
while said real estate is actually on the market for sale, rent or lease. A lease or
rent sign may be permitted to remain on a building that has space or area
continuously for rent or lease, provided such sign shall be part of the permitted
wall of freestanding sign allowed by Section 19.7.
SECTION 19.7 SPECIFIC SIGN STANDARDS
Certain types of signs are permitted in certain districts according to the following
Table.
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District Permitted Sign Maximum Size Maximum Height Maximum Number Setbacks
On-Premises Advertising Sign 32 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Identification Sign Dwelling - 2 sq. feet
Business - 8 sq. feet
4 feet 1 (a) (b) (c)
Temporary Sign Advertising
Produce Raised On-Site (f)
32 sq. feet 4 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Institutional Bulletin Board 150 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
On-Premises Advertising Sign 32 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Identification Sign Dwelling - 2 sq. feet
Business - 8 sq. feet
4 feet 1 (a) (b) (c)
Institutional Bulletin Board 150 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b)
Subdivision Sign 200 sq. feet 6 feet 1 per entrance (a) (b) (c)
On-Premises Advertising Sign 32 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Identification Sign 48 sq. feet 8 feet 1 (d)
Institutional Sign 150 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Subdivision Sign 200 sq. feet 6 feet 1 per entrance (a) (b)
On-Premises Advertising Sign 200 sq. feet 35 feet 1 (e)
Institutional Bulletin Board 150 sq. feet 8 feet 1 per interior lot;
2 per corner lot;
(a) (b) (c)
Local Commercial;
General
Commercial;
SPECIFIC SIGN STANDARDS
PERMANENT SIGNS
Agricultural
Single-Family
Residential
Mobile Home Park;
Multiple Family
Residential;
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(a) Signs must be set back a minimum of fifteen (15) feet from any public or private
street right-of-way or access
drive. The distance shall be measured from the nearest edge of the sign, measured at a
vertical line perpendicular
to the ground to the right-of-way.
(b) Side yard setbacks for signs shall be the same as that required for the main building or
structure, provided that
all non-residential signs must be set back at least one hundred (100 feet from any
residential district.
(c) The sign shall be located no closer to the front lot line than one-half the required front
yard setback and not
located in the required side yard setback.
(d) The sign shall be located no closer than 25 feet from any property line.
(e) Pole signs used as On-premises Advertising Signs in the Local or General
Commercial District shall be located
no closer than 25 feet to the front or side lot lines.
f) The temporary sign shall be removed during seasons when the produce being
advertised is not in season.
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SECTION 19.8 BUILDING PERMIT
A building permit shall be required for the erection, construction or alteration of any
sign of area exceeding eleven (11) square feet, and all such signs shall be approved
by the Building Inspector as to their conformance with the requirements of the zoning
district in which they are located and the requirements of their section.
Construction plans for signs shall bear the seal of a licensed engineer when required
by the Building Inspector. The Building Inspector shall have the authority to approve
or disapprove with cause any applications for the renewal of a permit.
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ARTICLE XX
OFF-STREET PARKING AND LOADING REQUIREMENTS
SECTION 20.1 REQUIRED OFF-STREET PARKING GENERAL
Off-street parking in conjunction with all land and building uses shall be provided
as herein prescribed:
1. For the purpose of this Article, three hundred (300) square feet of lot area shall
be deemed a parking space for one (1) vehicle, including access aisles except
that the standard shall be three hundred twenty-five (325) square feet where
parking is perpendicular to the access aisle, and except that one hundred eighty
(180) square feet of lot area which has a direct means of ingress and egress from
an alley or street may also be deemed a parking space.
2. When units or measurements determining number of required parking spaces
result in requirement of a fractional space, any fraction up to and including
one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require
one (1) parking space.
3. The minimum number of off-street parking spaces shall be determined in
accordance with the following table in Section 20.2. For uses not specifically
mentioned therein, off-street parking requirements shall be interpreted by the
Board of Zoning Appeals from requirements for similar uses.
4. Any area once designated as required off-street parking shall never be changed
to any other use unless and until equally required facilities are provided elsewhere.
Off-street parking existing at the effective date of this Ordinance in connection
with the operation of an existing building or use shall not be reduced to an
amount less than would hereinafter be required for such building or use.
5. Off-street parking may be provided either by individual action or by a parking
program carried out through public action, whether by a special assessment
district or otherwise.
6. Required off-street parking shall be for the use of occupants, employees, visitors,
and patrons and shall be limited in use to motor vehicle. The storage of
merchandise, motor vehicles for sale, or the repair of vehicles is prohibited. All
off-street parking, whether public or private, for non-residential uses shall be
either on the same lot or within three hundred (300) feet of the building it is
intended to serve, measured from the nearest point of the building to the nearest
point of the off-street parking lot.
7. Residential off-street parking space shall consist of a parking strip, garage, or a
combination thereof and shall be located on the premises it is intended to serve
and not closer than three (3) feet from any street lot line.
8. Nothing in this Article shall be construed to prevent collective provision of offstreet
parking facilities for two or more buildings or uses, provided such facilities
collectively shall not be less than the sum of the requirements for the various
individual uses computed separately in accordance with the table.
9. In stadiums, sports arenas, churches and other places of assembly in which
patrons or spectators occupy benches, pews, or other similar seating facilities,
each twenty-four (24) inches of such seating facilities shall be counted as one (1)
seat for the purpose of determining requirements for off-street parking facilities
under this Article.
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SECTION 20.2 TABLE OF OFF-STREET PARKING
The amount of required off-street parking space for new uses or buildings, additions
thereto, and additions to existing buildings as specified above shall be determined in
accordance with the following table, and the space so required shall be stated in the
application for a building permit and shall be irrevocably reserved for such use and/
or shall comply with the initial part of this Section.
________________________________________________________________________
____
NUMBER OF MINIMUM
PARKING SPACES PER
USE UNIT OF MEASURE
________________________________________________________________________
____
1. RESIDENTIAL
a. Residential, One-Family Two (2) for each dwelling unit
and Two-Family
b. Residential, Multiple-Family (Two (2) for each dwelling unit
c. Residential, Multiple-Family One (1) for each one (1) dwelling
Senior Citizens Housing unit, and one (1) for each
employee
d. Trailer Park and Mobile Two (2) for each trailer or
Home Courts mobile home site and one (1)
for each employee of the
trailer or mobile home court
e. Boarding and Rooming Houses One (1) for each sleeping room
2. INSTITUTIONAL
a. Churches, Temples or Synagogues One (1) for each three (3) seats,
based on maximum seating
capacity in the main unit of
worship
b. Hospitals One (1) per six hundred (600)
square feet of gross floor area
c. Sanitariums, Convents, Homes for One (1) per six hundred (600)
the Aged, Convalescent Homes, square feet of gross floor area
Children’s Homes
d. Elementary and Junior High One (1) for each one (1) teacher
and administrator, in addition to the requirements of an
auditorium
e. Senior High Schools One (1) for each one (1) teacher
and administrator, and one (1)
for each ten (10) students,
in addition to the requirements of
the auditorium
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f. Private Clubs or Lodge Halls One (1) for each three (3) persons
allowed within the maximum
occupancy load as established by
local County, or State fire,
building or health codes
g. Private Golf Clubs, Swimming One (1) for each two (2) member
Pool Clubs, Tennis Clubs, or families or individuals
other Similar Uses
h. Marinas, Public or Private One (1) for each one (1) boat slip
i. Golf Courses open to the general Six (6) for each one (1) golf hole
public except miniature or Par ―3‖ and one (1) for each one (1)
courses employee
j. Fraternities One and one-half (1 1/2) for
every two (2) persons based upon
the capacity of the house
k. Sororities One (1) for every two (2) persons
based upon the capacity of the
house
l. Stadium, Sports Arena, or Similar One (1) for each three (3) seats
place of Outdoor assembly or six (6) feet of benches
m. Theaters and Auditoriums (indoor) One (1) for each three (3) seats
plus one (1) for each two (2)
employees
n. Libraries, Museums, and Non- One (1) for each four hundred
Commercial Art Galleries (400) square feet of gross floor
area
3. BUSINESS AND COMMERCIAL
a. Automobile Service Stations Two (2) for each lubrication
stall, rack or pit, and one (1)
for each employee
b. Auto Wash One (1) for each one (1) employee
c. Beauty Parlor and/or Barber Shop Three (3) spaces for each of the
first two (2) beauty or barber
chairs, and one and one-half (1
1/2) spaces for each additional
chair
d. Bowling Alleys Seven (7) for each one (1) bowling
lane
e. Dance Halls, Pool or Billiard One (1) for each three (3) seats
Parlors, Roller or Ice Skating or one (1) for each one
Rinks, Exhibition Halls and hundred (100) square feet of
Assembly Halls without fixed gross floor area
Seats
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f. Drive-In Establishments One (1) for each forty (40) feet
of gross floor area, with a
minimum of twenty-five (25)
parking spaces
g. Establishments for Sale and One (1) for each one hundred
Consumption on the Premises of (100) square feet of gross floor
Beverages, Food or Refreshments area
h. Furniture and Appliance, Household One (1) for each eight hundred
Equipment, Repair Shops, Showroom (800) square feet of floor area,
of a Plumber, Decorator, Electrician exclusive of the floor area
or Similar Trade, Shoe Repair and occupied in processing or
other similar uses manufacturing for which
requirements see Industrial
establishments below
i. Laundromats and Coin Operated One (1) for each two (2) washing
Dry Cleaners machines
j. Miniature Golf Courses Three (3) for one (1) hole plus one
(1) for each one (1) employee
k. Mortuary Establishments One (1) for each one hundred
(100) square feet of gross floor
area
l. Motel, Hotel or Other Commercial One (1) for each one (1)
Lodging Establishments occupancy unit plus one (1)
for each one (1) employee,
plus extra spaces for dining
rooms, ballrooms, or meeting
rooms, based on maximum
occupancy load
m. Motor Vehicle Sales and Service One (1) for each four hundred
Establishments, Trailer Sales and (400) square feet of gross floor
Rental, Boat Showrooms area of sales room
n. Open Air Businesses One (1) for each six hundred
(600) square feet of lot area
o. Restaurant, Carry-out One (1) for each one hundred
(100) square feet of gross
floor area
p. Retail Stores, Except as Otherwise One (1) for each two hundred
Specified Herein (200) square feet of gross
floor area
q. Shopping Center or Clustered One (1) for each one hundred
Commercial (100) square feet of gross
floor area
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4. OFFICES
a. Banks, Savings and Loan Offices One (1) for each two hundred
(200) square feet of gross
floor area
b. Business Offices or Professional One (1) for each two hundred
Offices Except as Indicated in (200) square feet of gross
the Following Item (c) floor area
c. Medical or Dental Clinics, Ten (10) for the first doctor
Professional Office or Doctors, plus one (1) for each three
Dentists or similar Professions hundred (300) square feet of
gross floor area
5. INDUSTRIAL
a. Industrial or Research One (1) for every one and one
Establishments half (1 1/2) employees in the
largest working shift. Space onsite
shall also be provided for all
construction workers during
periods of plant construction.
b. Wholesale or Warehouse One (1) for every one (1)
Establishments employee in the largest working
shift, or one (1) for every two
thousand (2,000) square feet of
gross floor area whichever is
greater
SECTION 20.3 OFF-STREET PARKING LOT LAYOUT, CONSTRUCTION AND
MAINTENANCE
Wherever a parking lot is built as required off-street parking, such parking lot shall
be laid out, constructed and maintained in accordance with the following
requirements:
1. The building of a parking lot is subject to the requirements for a building permit.
The Building Inspector in reviewing the application may request the findings of
the Township Planner on the basis of the requirements, set forth in (2) through
(10) below.
2. Each parking space shall constitute a net land area of at least one hundred
eighty (180) square feet. The total parking lot space, including access lanes,
shall constitute at least three hundred (300) square feet land area per parking
space.
3. Adequate ingress and egress to the parking lot by means of clearly limited and
defined drives shall be provided for vehicles.
4. Where the parking lot abuts a residential district, required setback of parking
spaces is:
a. Side Lot Lines Two (2) feet from such side lot line
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b. Contiguous Common Frontage Five (5) feet from the street lot line
in Same Block
c. Rear Lot Line None
5. Bumper stops or wheel shocks shall be provided, so located as to prevent any
vehicle from projecting over the lot line.
6. The parking lot shall be drained to eliminate surface water.
7. The surface of the parking lot, including drives and aisles shall be constructed
of a concrete or bituminous concrete surfacing. Lighting shall be arranged to
reflect away from residential areas.
8. Automotive Sales Areas: Every parcel of land hereafter used as an automobile
or trailer sales area or as an automotive service state shall be subject to the
above requirements of this section.
9. Plans for the layout of off-street parking facilities shall be in accordance with
the following minimum requirements:
________________________________________________________________________
______
Total Width Total Width
of One Tier of One Tier
of Spaces Plus of Spaces Plus
Maneuvering Parking Parking Manuevering Manuevering
Parking Pattern Lane Width Space Width Space Length Lane Lane
____________________________________________________________________________________________________________
______
O degrees
(Para Parking) 12 ft. 8 ft. 23 ft. 20 ft. 28 ft.
30 to 53 degrees 13 ft. 9 ft. 20 ft. 33 ft. 53 ft.
54 to 74 degrees 18 ft. 9 ft. 21 ft. 39 ft. 60 ft.
75 to 90 degrees 25 ft. 9 ft. 19 ft. 44 ft. 63 ft.
________________________________________________________________________
______
SECTION 20.4 OFF-STREET LOADING AND UNLOADING
On the same premises with every building, structure or part thereof, erected and
occupied for manufacturing, storage, warehousing, retailing, display, or other uses,
similarly involving the receipt or distribution of vehicles or materials or merchandise,
there shall be provided and maintained on the lot adequate space for standing,
loading and unloading services adjacent to the opening used for the loading and
unloading, designed to avoid interference with public use of the street or alleys.
Such loading and unloading spaces shall be an area a minimum of twelve (12) feet in
width by fifty (50) feet in length with a fifteen (15) foot height clearance, and shall be
provided according to the following table:
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Loading and Unloading, Spaces
Required in Terms of Square Feet
Gross Floor Area in Square Feet or Gross Floor Area
0 - 2000 None
2,001 - 20,000 One Space
20,001 - 100,000 One space plus one space for
each 20,000 square feet in
excess of 20,000
square feet
100,000 - 500,000 Five spaces plus one space for
each 40,000 square feet in excess
of 100,000 square feet
Over 500,000 Fifteen spaces (15) plus one
space for each 80,000 square feet
in excess of 500,000 square feet
No loading space shall be located closer than fifty (50) feet from any residentially
zoned district unless located on an alley, within a completely enclosed building, or
enclosed on all sides facing a residential zoning district by a solid masonry wall or
ornamental fence of a type approved by the Planning Commission not less than six
(6) feet in height.
Section 20.5 DRIVEWAYS AND ACCESS MANAGEMENT (Ord. 11-02)
1. Intent. The following regulations are intended to maximize roadway capacity
and safety by limiting and controlling the number and location of driveways and
requiring alternate means of access through shared driveways, service drives
and access from side streets.
2. Scope and Applicability. The standards of this section apply to areas outside
of the right-of-way, which are under Township jurisdiction through site plan
review. The driveway standards herein may be more restrictive than the standards
of the Monroe County Road Commission or Michigan Department of
Transportation (MDOT), which have jurisdiction within the right-of-way.
Construction within the public right-of-way must also meet the permit
requirements of the County or MDOT as applicable. Where any conflicts arise,
the more stringent standard shall apply.
3. Driveways in General
a. Driveways shall be located so as to minimize interference with the free
movement of traffic, to provide adequate sight distance, and to provide the
most favorable driveway grade.
b. All driveways shall be designed according to the standards of the Monroe
County Road Commission or MDOT, as applicable.
c. Driveway entrances must be able to accommodate all vehicle types having
occasion to enter the site, including delivery vehicles.
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d. Driveway design and placement must be in harmony with internal circulation
and parking design so that the entrance can absorb the maximum rate of
inbound traffic during a normal weekday peak traffic period.
e. Provisions for circulation between adjacent parcels should be provided
through coordinated and/or joint parking systems, or other methods,
determined at the time of the site plan review.
f. Driveway placement should be such that loading and unloading activates
will in no way hinder vehicle ingress or egress.
g. Direct access driveway placement must be such that an exiting vehicle has
an unobstructed sight distance from the stop bar in accordance the County
Road Commission or MDOT standards.
4. Driveway Spacing Standards
a. Minimum spacing requirements between a proposed commercial driveway
and an intersection either adjacent or on the opposite side of the street may
be set on a case-by-case basis but in no instance shall be less than the
distances listed below. The following measurements are from the near edge
of the proposed driveway, measured at the throat perpendicular to the street,
to the near lane edge of the intersecting street or pavement edge for uncurbed
sections.
Location of
Access Point
Type of
Intersecting Road
Minimum Spacing for a
Full Movement
Driveway
Minimum Spacing for a
Driveway Restricting Leftturns
Expressway ramp 600 600
Another arterial 300 125
Collector or local 200 125
Along a
collector road Any Road 125 75
Along a local
street Any Road 75 50
Along an
arterial road
Minimum Driveway Spacing From Intersection
1) Arterial and collector roads shall be as designated on the Dundee
Township Master Plan Roadway Functional Classification Map.
2) For sites with insufficient street frontage to meet the above criterion,
the Planning Commission may require construction of the driveway
along a side street, a shared driveway with an adjacent property,
construction of a driveway along the property line farthest from the
intersection or require a service road.
b. Minimum spacing between two commercial driveways shall be determined
based upon posted speed limits along the parcel frontage. The minimum
spacing indicated below is measured from centerline to centerline.
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Posted Speed Limit (MPD)
Minimum Driveway
Spacing (In Feet)
25 125
30 155
35 185
40 225
45 300
50 or more 350
Minimum Spacing Between Driveways
c. To reduce left-turn conflicts, new commercial driveways shall be aligned
with those across the roadway where possible. If alignment is not possible,
driveways shall be offset the distance indicated in paragraph (b) above.
d. For sites with insufficient street frontage to meet the above criterion, the
Planning Commission may require construction of the driveway along a
side street, a shared driveway with an adjacent property, construction of a
driveway along the property line farthest form the intersection or require a
service road.
e. In the case of expansion, alteration or redesign of an existing development
where it can be demonstrated that pre-existing conditions prohibit adherence
to the minimum commercial driveway spacing standards, the Planning
Commission may modify the driveway spacing requirements. Such
modifications shall be of the minimum amount necessary.
5. Number of Commercial Driveways
a. The number of commercial driveways serving a property shall be the
minimum number necessary to provide reasonable access, while preserving
traffic operations and safety along the public roadway.
b. Access, either direct or indirect, shall be provided for each separately owned
parcel. This access may be an individual driveway, shared driveway or via a
service drive.
c. A second driveway may be allowed for properties with a continuous frontage
of over three-hundred (300) feet, and one additional driveway for each
additional three-hundred (300) feet of frontage.
d. Two one-way driveways may be permitted where the frontage is at least
one-hundred twenty-five (125) feet.
e. For high traffic generators, or for commercial driveways along roadways
experiencing or expected to experience congestion, the Planning Commission
may require two (2) egress lanes.
6. Shared Driveways, Frontage Roads and Service Drives
a. Location: Service roads shall generally be parallel or perpendicular to the
front property line and may be located either in front of, adjacent to, or
behind, principal buildings. In considering the most appropriate alignment
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for a service road, the Planning Commission shall consider the setbacks of
existing buildings and anticipated traffic flow for the site.
b. Access Easement: The service road shall be within an access easement
permitting traffic circulation between properties. This easement shall be
sixty-six (66) feet wide, except an access easement parallel to a public street
right-of-way may be forty (40) feet wide, if approved by the Planning
Commission. The required width shall remain free and clear of obstructions,
unless otherwise approved by the Planning Commission.
c. Construction and Materials: Service roads shall have a base, pavement
and curb with gutter in accordance Monroe County Road Commission
standards for public streets, except the width of the service road shall have
a minimum pavement width of twenty-four (24) feet.
d. Parking: The service road is intended to be used exclusively for circulation,
not as a parking maneuvering aisle. The Planning Commission may require
the posting of ―no parking‖ signs along the service road. In reviewing the
site plan, the Planning Commission may permit temporary parking in the
easement area where a continuous service road is not yet available, provided
that the layout allows removal of the parking in the future to allow extension
of the service road.
e. Access to Service Road: The Planning Commission shall approve the
location of all accesses to the service road, based on the driveway spacing
standards of this Article. The Planning Commission may allow additional
driveways if approved by the Monroe County Road Commission.
f. Temporary Access: The Planning Commission may approve temporary
accesses where a continuous service road is not yet available and a
performance bond or escrow is created to assure elimination of temporary
access when the service road is continued. Occupancy permits shall not be
issued until monies have been deposited with the Township.
g. Landscaping: The area between a service road and the public street rightof-
way shall be landscaped greenbelt.
h. Maintenance: Each property owner shall be responsible for maintenance
of the easement and service drive.
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ARTICLE XXI
ADMINISTRATION AND ENFORCEMENT
SECTION 21.1 ENFORCEMENT
The provisions of this Ordinance shall be administered and enforced by the Building
Inspector who shall be appointed by the Township Board of Dundee Township, or
any other employees, inspectors, and officials as the Building Inspector may delegate
to enforce the provisions of this Ordinance.
SECTION 21.2 DUTIES OF BUILDING INSPECTOR
The Building Inspector shall have the power to grant building, zoning compliance
and occupancy permits, to make inspections of buildings or lots necessary to carry
out his duties in the enforcement of this Ordinance. It shall be unlawful for the
Building Inspector to approve any plans or issue a building or occupancy permit for
any excavation or construction until he has inspected such plans in detail and found
them in conformity with this Ordinance. To this end, the Building Inspector shall
require that every application for a building or occupancy permit for excavation,
construction, moving or alteration or change in type of use or the type of occupancy,
be accompanied by written statement and a plot plan or plats drawn to scale, in
duplicate, and showing the following, in sufficient detail to enable the Building
Inspector to ascertain whether the proposed work or uses is in conformance with
this Ordinance. (Eff. 4/03)
1. The actual shape, location and dimensions of the lot, and the lines of the lots or
parcels under separate ownership contained herein.
2. The shape, size and location of all buildings or other structures to be erected,
altered or moved, and of any buildings or other structures already on the lot.
3. The existing and intended use of the lot and of all such structures upon it,
including, in residential areas, the number of dwelling units the building is
intended to accommodate.
4. The width and alignment of all abutting streets, alleys, easements of access and
public open spaces.
5. In the case of an application for other than a residence, the applicant shall also
furnish a sworn statement stating all uses to which he proposes to put the
property or any proposed building on the property.
6. Such other information concerning the lot or adjoining lots as may be essential
for determining whether the provisions of this Ordinance are being observed.
If the proposed excavation, construction, moving, alteration or use of land as set
forth in the application are in conformity with the provisions of this Ordinance, the
Building Inspector shall issue a building permit within ten (10) days after the receipt
of such application. If any application for such permit is not approved, the Building
Inspector shall state in writing on the application, the cause for such disapproval.
Issuance of a permit shall in no case be construed as waiving any provisions of this
Ordinance. A record of all such applications shall be kept on file by the Building
Inspector.
Whenever an application for a building permit indicated the necessity for constructing
an on-site sewage disposal system and/or water well system on the premises, the
Building Inspector shall not issue such permit unless the Monroe County Health
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Department shall have approved the site for the construction of such facilities.
The Building Inspector is under no circumstance permitted to grant exceptions to
the meaning of any clause, order, or regulation contained in this Ordinance to any
person making application to excavate, construct, move, alter or use buildings,
structures or land within the Township.
All building permits shall be conspicuously posted on the premises.
SECTION 21.3 BUILDING PERMITS
The following shall apply in the issuance of any permit:
1. Permits Required: It shall be unlawful for any person to commence excavation
for, or construction of, any building or structure, structural changes, or repairs
in any existing building or structure, or moving of an existing building, without
first obtaining a Building Permit from the Building Inspector. No permit shall
be issued for construction, alteration, or remodeling of any building or structure
until an application has been submitted in accordance with the provisions of
this Ordinance showing that the construction proposed is in compliance with
the provisions of this Ordinance, with the Building Code, and with other applicable
ordinances.
―Alteration‖ or ―repair‖ of an existing building or structure, shall include any
changes in structural members, stairways, basic construction type, kind or class
of occupancy, light or ventilation means of egress or ingress, or any other changes
affecting or regulated by the Building Code, the Housing Law of the State of
Michigan, or this Ordinance, except for minor repairs or changes not involving
any of the aforesaid provisions.
2. Permits for New Use of Land: A Building Permit shall also be obtained for the
new use of land, whether land is presently vacant or a change in land use is
proposed.
3. Permits for New Use of Buildings or Structures: A Building Permit shall also be
obtained for any change in use of an existing building or structure to a different
class or type.
4. Accessory Buildings: Accessory buildings when erected at the same time as the
principal building on a lot and shown on the application thereof, shall not require
a separate building permit.
5. All building permits, when issued, shall be valid for a period of one (1) year only
but may be extended for a further period of not to exceed one (1) year, if said
Building Inspector shall find good cause shown for failure to complete work for
which said permit was issued; provided that the exterior of any such structure
must be completed within one (1) year from the date of the original issuance of
a building permit.
Should the holder of a Building Permit fail to complete the work for which said
permit was issued within the time limit as set forth above, any unfinished
structure is hereby declared a nuisance, per se and the same may be abated by
appropriate action before the Circuit Court of the County. The Board of Zoning
Appeals, the Township Board, any person designated by the Township Board or
any aggrieved person may institute a suit to have the nuisance abated.
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SECTION 21.4 CERTIFICATES OF OCCUPANCY
It shall be unlawful to use or permit the use of any land, building, or structure for
which a Building Permit is required, and to use or permit to be used any building or
structure hereafter altered, extended, erected, repaired, or moved, until the Building
Inspector shall have issued a Certificate of Occupancy stating that the provisions of
this Ordinance have been complied with. The following provisions shall apply:
1. Records of Certificates: A record of all Certificates of Occupancy shall be kept in
the office of the Building Inspector, and copies of such Certificates shall be
furnished upon request to a person or persons having proprietary or tenancy
interests in the property involved.
2. Certificates for Accessory Buildings to Dwellings: Accessory buildings or structures
to dwellings shall not require a separate Certificate of Occupancy, but rather
may be included in the Certificate of Occupancy for the principal dwelling,
building or structure on the same lot when such accessory building or structures
are completed at the same time as the principal use.
3. Temporary Certificates: Certificates of Temporary Occupancy may be issued for
a part of a building or structure prior to the occupation of the entire building or
structure, provided that such Certificate of Temporary Occupation shall not
remain in force more than six (6) months, nor more than five (5) days after the
building or structure is fully completed and ready for occupancy, and provided
further that such portions of the building or structure are in conformity with
the provisions of this Ordinance.
4. Application for Certificates of Occupancy: Any person applying for a Building
Permit shall at the same time apply to the Building Inspector in writing for a
Certificate of Occupancy. It shall be the duty of such person to notify the Building
Inspector upon completion of the building or structure. The Building Inspector
shall, within five (5) business days after actual receipt of such notification, inspect
such building or structure, or part thereof, or if the proposed use of the premises
is in conformity with this and other applicable ordinances and laws, the Building
Inspector shall forthwith issue a Certificate of Occupancy therefore. If the
Building Inspector shall determine that a violation exists, he shall not issue a
Certificate of Occupancy and shall forthwith notify the applicant of such refusal
and the cause therefore.
SECTION 21.5 FEES
Fees for inspection and the issuance of permits or certificates or copies thereof required
or issued under the provisions of this Ordinance shall be collected by the Building
Inspector in advance of the issuance of such permits or certificates. The amount of
such fees shall be established by the Township Board and shall cover the cost of
inspection and supervision from the enforcement of this Ordinance.
SECTION 21.6 ZONING COMPLIANCE PERMITS (Ord. 4-03)
A zoning compliance permit must be obtained for certain buildings or structures,
listed below, where a building permit is not required by the Building Code. The
permit shall be approved before the building or structure is erected, altered or moved.
Such buildings and structures include:
1. agricultural buildings,
2. fences that are less than 6 feet in height,
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3. one-story detached accessory buildings that have a floor area less than 120
square feet, and
4. sidewalks and driveways.
The Building Inspector shall require that every application for a zoning compliance
permit be accompanied by a written statement and a plot plan drawn to scale that
shows the following in sufficient detail to enable the Building Inspector to ascertain
whether the proposed building or structure is in conformity with this Ordinance.
1. The actual shape, location and dimensions of the lot.
2. The shape, size and location of existing buildings and structures already on the
lot.
3. Utility or other easements on the lot.
4. The shape, size and location of the proposed buildings and/or structures.
5. In the case of a proposed building, the intended use of such building.
6. Such other information concerning the lot or the proposed buildings and
structures as may be essential for determining whether the provisions of this
Ordinance are being observed.
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Section 21.7 Public Hearings (Effective December 6, 2006)

In instances where a public hearing is required under this ordinance with the Planning
Commission or the Zoning Board of Appeals, written notice of the public hearing shall be
made as follows: (Effective December 6, 2006)

   1.      Notice Content: The notice shall do all of the following: (Effective December
           6, 2006)
           a. Describe the nature of the request.
           b. Indicate the property that is the subject of the request. The notice shall
               include a listing of all existing street addresses within the property. Street
               addresses do need to be created and listed if no such addresses currently
               exist within the property. If there are no street addresses, other means of
               of identification me be used. ( Effective December 6, 2006)
           c. State when and where the request will be considered.
           d. Indicate when and where written comments will be received concerning
               the request.
   2.      Notice Publication and Delivery: Notice shall be published and delivered no
           less than fifteen (15) days prior to the public hearing as follows: (Effective
           December 6, 2006)
           a. Notice of the request shall be published in a newspaper of general
               circulation township.
           b. Notice shall be sent by mail or personal delivery to the owners of property
               for which approval is being considered.
           c. Notice shall also be sent to all persons to whom real property is assessed
               within three hundred (300) feet of the property and to the occupants of all
               structures within (300) feet of the property regardless of whether the
               property or occupant is located in the zoning jurisdiction. If the name of
               the occupant is located in the zoning jurisdiction. If the name of the
               occupant is not know, the term ―occupant‖ may be used in making
               notification under this subsection.( Effective December 6, 2006)

3. Ordinance Amendments and Rezonings of More Than 10 properties: Public hearings
for an amendment to the zoning ordinance, or the zoning map that affects eleven (11) or
more properties shall only require notice in a newspaper, which shall not be required to
indicate the property subject to the request under 21.06.1.b above, and notice shall not be
required to be mailed to individual properties under 21.06.2.b and c. above.( Effective
December 6, 2006)

4. ZBA Interpretations and Appeals: Public hearing for ordinance interpretations and
appeals of administrative decisions by the Zoning Board of Appeals shall only require
notice in a newspaper, as required in 21.06.2.a. above and if the interpretation or appeal
of an administrative decision involves a specific property, notice shall also be given to
the person bringing the appeal, as required in 21.06.2.b above. Variances shall require
full notification under 21.06.2.a. through c. above.( Effective December 6, 2006)
ARTICLE XXII
ZONING BOARD OF APPEALS
SECTION 22.1 CREATION OF ZONING BOARD OF APPEALS
There is hereby established a Zoning Board of Appeals, which shall perform its duties
and exercise its power as provided in the Michigan Zoning Enabling Act (Public Act 110
of 2006 in such a way that the objectives of this Ordinance shall be attained, public safety
secured and substantial justice done.( Effective December 6, 2006)
SECTION 22.2 BOARD MEMBERSHIP
The Zoning Board of Appeals shall consist of five (5) members appointed by the
Township Board:
1. The first member shall be a member of the Township Planning Commission.
2. The second member may be a member of the Township Board and shall not
serve as Chairman of the Zoning Board of Appeals.
3. The additional members shall be from among the electors residing in the
unincorporated area of the Township for at least one (1) year, provided that no
elected officer of the Township, nor any employee of the Township Board may
serve simultaneously as an additional member.
Members of the Zoning Board of Appeals shall be removable by the Township Board
for non-performance of duty or misconduct in office upon written charges and after
public hearing by the Township Board.
SECTION 22.3 MEETINGS
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman,
and at such times as the Zoning Board of Appeals may determine. All meetings of
the Zoning Board of Appeals shall be open to the public. The Zoning Board of
Appeals shall maintain a record of its proceedings, and shall keep records of its
findings, proceedings at hearings, and other official actions, all of which shall be
immediately filed in the office of the Township Clerk and shall be a public record.
The five (5) members of the Board shall have the power to require the attendance of
witnesses, administer oaths, compel testimony and production of books, files and
other evidence pertinent to the matters before it.
SECTION 22.4 APPEALS
An appeal may be taken to the Zoning Board of Appeals by any person, firm or
corporation, or by any officer, department, board or bureau aggrieved by a decision
of the Building Inspector or an Administrative Official or body charged with
enforcement of the Zoning Ordinance. Such appeals shall be taken within such
time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing
with the Building Inspector and with the Zoning Board of Appeals a Notice of Appeal,
specifying the grounds thereof. The Building Inspector shall forthwith transmit to
the Zoning Board of Appeals all of the papers constituting the record upon which
action appealed from was taken. An appeal shall stay all proceedings in furtherance,
of the action appealed from unless the Building Inspector certifies to the Zoning
Board of Appeals after the Notice of Appeals shall have been filed with him, that by
reason of facts stated in the certificate, a stay would, in his opinion, cause imminent
peril of life or property, in which case the proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Zoning Board of Appeals or
by the Circuit Court.
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The Zoning Board of Appeals shall select a reasonable time and place for the hearing
of the appeal and give due notice thereof, to the parties and shall render a decision
of the appeal without unreasonably delay. Any person may appear and testify at the
hearing, in person or by duly authorized agent or attorney.
SECTION 22.5 NOTICE OF HEARINGS
The Zoning Board of Appeals shall make no determination except in a specific case
and after a public hearing, conducted by the Zoning Board of Appeals, has been
held. Notice of the hearing of the appeal shall be given in accordance with Section 21.6
(Effective December 6, 2006)
SECTION 22.6 POWERS OF BOARD OF ZONING APPEALS
The Zoning Board of Appeals shall not have the power to alter or change the zoning
District classification of any property, nor to make any changes in the terms of this
Ordinance nor to permit any use in a district in which it is not permitted, but does
have the power to act on those matters where this Ordinance provides for an
administrative review or interpretation and to authorize a variance as defined in this
Section and laws of the State of Michigan.
shall be necessary to reverse any order, requirements, decision or determination of
any such administrative official or to decide in favor of the applicant any matter
upon which they are required to pass under this Ordinance or to effect any variation
in this Ordinance.
The Zoning Board of Appeals shall have the power to interpret the provisions of this
Ordinance and the Zoning Map accompanying this Ordinance.
1. Administrative Review
The Zoning Board of Appeals shall hear and decide appeals from and review any
order, requirement, or determination made by any administrative official or body
charged with enforcement and of any provisions of this Ordinance. The Zoning
Board of Appeals may reverse an order, requirement, or determination only if it
finds that the action or decision appealed meets one (1) or more of the following
requirements:
a. Was arbitrary or capricious.
b. Was based on an erroneous finding of a material fact.
c. Constituted an abuse of discretion.
d. Was based on erroneous interpretation of the Zoning Ordinance or zoning
law.
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2. Variances
Where owing to special conditions, a literal enforcement of the use provisions of this
Ordinance would involve practical difficulties within the meaning of this Ordinance,
the Zoning Board of Appeals shall have the power upon appeal in specific cases to
authorize such variation or modifications of the provisions of this Ordinance with
such conditions and safeguards as it may determine as may be in harmony with the
spirit of this Ordinance and so that public safety and welfare be secured and
substantial justice done.
a. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved that do not apply generally to other
properties or class of uses in the same district. The need for the variance
was not self-created by the applicant.
b. That such variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same zone
and vicinity.
c. That the granting of such variance or modification will not be materially
detrimental to the public welfare or materially injurious to the property or
improvements in such zone or district in which the property is located.
d. That the granting of such variance will not adversely affect the purposes or
objective of this Ordinance.
e. In consideration of all appeals and all proposed variations to this Ordinance,
the Zoning Board of Appeals shall, before making any variations from the
Ordinance in specific case, first determine that the proposed variation will
not impair an adequate supply of light and air to adjacent property, or
unreasonably increase the congestion in public streets, or increase the danger
of fires or endanger the public safety, or reasonably diminish or impair
established property values within the surrounding area, or in any other
respect impair the public health, safety, comfort, morals or welfare of the
inhabitants of the Township. Nothing herein contained shall be construed
to give or grant to the Zoning Board of Appeals the power or authority to
alter or change the Zoning Ordinance or the Zoning Map, such power and
authority being reserved to the Township Board of the Township Board of
the Township of Dundee in the manner provided by law.
3. Permits
a. The Zoning Board of Appeals shall have the power to permit the erection
and use of a building or an addition to an existing building, of a public
service corporation or for public utility purposes, in any permitted district
to a greater height or larger area than the district requirements herein
established, and permit the location in any use district of a public utility
building, structure, or use if the Zoning Board of Appeals shall find such
use, height, area, building or structure reasonably necessary for the public
convenience and service, provided such building, structure, or use is
designed, erected and landscaped to conform harmoniously with the general
architecture and plan of such district.
b. The Zoning Board of Appeals shall have the power to permit the modification
of the off-street automobile parking space or loading space requirements
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where, in the particular instance, such modifications will not be inconsistent
with the purpose and intent of such requirements.
c. The Zoning Board of Appeals shall have the power to permit temporary
buildings and uses for periods not to exceed one (1) year.
4. Special Approval
An appeal may be taken to the Zoning Board of Appeals by any person, firm or
corporation, or by an officer, department, board or bureau aggrieved by a decision of
the Planning Commission regarding application for a Use Permitted on Special
Approval as provided for within the various land use districts in this Ordinance.
Such appeals shall be taken within such time, and in such manner, as prescribed in
Section 22.4 herein.
5. Orders
In exercising the above powers, the Zoning Board of Appeals may reverse or affirm
wholly or partly, or may modify the orders, requirements, decisions or determination
appealed from and may make such order, requirements, decision or determination
as ought to be made, and to that end shall have all the powers of the Building
Inspector from whom the appeal is taken. The decision of the Zoning Board of
Appeals rendered pursuant to the above shall be final.
6. Reduction of Natural Feature Setback (Ord. 11-02)
The natural feature setback may be reduced by the Zoning Board of Appeals upon a
determination that it is consistent with the public interest. In determining whether
the setback reduction is in the public interest, the benefit which would reasonably
be expected to accrue from the proposed development shall be balanced against the
reasonably foreseeable detriments to the natural feature. The following general criteria
shall be applied in undertaking this balancing test.:
a. The relative extent of the public and private need for the proposed activity.
b. The availability of feasible and prudent alternative locations and methods
to accomplish the expected benefits from the activity.
c. The extent and permanence of the beneficial or detrimental effects which
the proposed activity may have on the public and private use to which the
area is suited.
d. The probable impact of the proposal in relation to the cumulative effect
created by other existing and anticipated activities in the watershed.
e. The probable impact on recognized historic, cultural, scenic, ecological, or
recreational values and on the public health or fish or wildlife.
f. The size and quality of the natural feature.
g. Proximity to any drainage way.
h. Extent to which upland soil erosion adjacent to protected wetlands or
drainage ways in controlled.
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i. Economic value, both public and private, of the proposed land change.
SECTION 22.7 ZONING BOARD OF APPEALS APPROVAL
The Zoning Board of Appeals may require the appellant or applicant requesting a
variance or special approval to submit all necessary survey, plans, or other information
the Board may reasonably require. The Zoning Board of Appeals may impose such
conditions or limitations in granting a variance or special approval as it may deem
necessary to comply with the spirit and purpose of this Ordinance.
SECTION 22.8 APPROVAL PERIOD
No order of the Zoning Board of Appeals permitting the erection or alteration of a
building shall be valid for a period longer than two (2) years, unless a building
permit for such erection or alteration is obtained within such period and such erection
or alteration is started and proceeds to completion in accordance with the terms of
such permit.
No order of the Zoning Board of Appeals permitting a use of a building or premises
shall be valid for a longer period than two (2) years unless such use is established
within such period; provided however, that where such use permitted is dependent
upon the erection or alteration of a building, such order shall continue in force and
effect if a building permit for said erection or alteration is obtained within such
period and such erection or alterations are started and proceed to completion in
accordance with the terms of such permit.
SECTION 22.9 FILING FEE
Application for a Zoning Board of Appeals hearing shall be in writing and shall be
accompanied by a filing fee as established by the Township Board which shall be
paid to the Township Treasurer at the time the notice of appeal or request for special
approval is filed.
SECTION 22.10 EFFECTIVE DATE OF ACTION
The decision of the Zoning Board of Appeals shall not become effective until the
expiration of five (5) days from the entry of the order unless the Zoning Board of
Appeals shall find the immediate effect of the order is necessary for the preservation
of property rights and so shall certify on the record.
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ARTICLE XXIII
INTERPRETATION AND APPLICATION
SECTION 23.1 INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of this Ordinance, said provisions shall
be held to be the minimum requirements for the promotion of the public safety,
health, convenience, morals, comforts, prosperity and general welfare. It is not
intended by this Ordinance to interfere with or abrogate or annul any ordinance,
rules, regulations or permits previously adopted or issued, and not in conflict with
any of the provisions of this Ordinance, or which shall be adopted or issued pursuant
to law relating to the use of buildings or premises, and likewise not in conflict with
this Ordinance; nor is it intended by the Ordinance to interfere with or abrogate or
annul any easements, covenants or other agreements between parties; provided,
however, that where this Ordinance imposes a greater restriction upon the use of
buildings or land or upon height of buildings, or requires larger open space, or larger
lot area, than are imposed or required by such ordinance or agreements, the provisions
of this Ordinance shall govern.
ARTICLE XXIV
VIOLATIONS AND PENALTIES
SECTION 24.1 VIOLATIONS AND PENALTIES
Any person, persons, firm or corporation, or anyone acting in behalf of persons,
persons, firm or corporation, who shall violate any of the provisions of this Ordinance;
or who fails to comply with any of the regulatory measures or conditions adopted
pursuant hereto, shall upon conviction thereof be subject to a fine of five hundred
dollars ($500.00) and the costs of prosecution, or in default of the payment thereof,
by imprisonment in the County Jail for a period not to exceed ninety (90) days, or by
both such fine and imprisoned at the discretion of the Court. The imposition of any
sentence shall not exempt the offender from compliance with the requirements of
this Ordinance. Each day that a violation is permitted to exist shall constitute a
separate offense.
Use of land, dwellings, buildings, or structures including tents and trailer coaches,
used, erected, altered, razed or converted in violation of any provision of this
Ordinance, are hereby declared to be a nuisance per se. The court shall order such
nuisance abated and the owner and/or agent in charge of such dwelling, building,
structure, tent, trailer coach or land shall be adjudged guilty of maintaining a nuisance
per se. Costs of abating such nuisance shall become a lien upon the land.
158
Clarabel Rod
Township Clerk
HISTORY OF THE ORDINANCE
Original preliminary work on the land use plan for Dundee Township started in
January, 1974. This work has included completing and adopting Ordinance 1A
which was adopted August 8, 1977, published August 25, 1977, and which takes
effect September 24, 1977.
In June 1974, James Peltier of James Peltier and Associates, Planners, Monroe,
Michigan, joined with the Dundee Township Planning Commission to aid in the
lengthy and detailed work of completing a Community Comprehensive Plan.
Members of the Planning Commission are: A.A. Bronson, Chairman; Marvin Reaume,
Secretary; Jim Rowe, Vernon Winkelman, Edward L. Ruehs, Ronald Kuhn and Bill
Houck.
Members of the Zoning Board of Appeals are: A.A. ―Bud‖ Bronson, Chairman; George
Ruehs, representing the Township Board; and Harold Dettloff, Citizen-at-large.
Township Board members are: Ben Ball, Supervisor; Clarabel Rod, Clerk; Mrs. Jan
Goetz, Treasurer; Ronald Kuhn, Trustee and George Ruehs, Trustee.
ARTICLE XXV
EFFECTIVE DATE
Public Hearing having been held hereon, the provisions of this Ordinance are hereby
given effect from and after the date of its passage by the Township Board and
subsequent publication as required by law. Made and passed by the Township
Board of the Township of Dundee, Monroe County, Michigan, on this 14th day of
April, A.D. 1981.
1. Date of Public Hearing, March 30, 1981.
2. Date of Adoption by Township Board, March 30, 1981.
3. Date of Publication, April 29, 1981.
4. Date Ordinance shall take effect, May 29, 1981.
Dundee Township Board
Joanna C. Uhl, Supervisor
Tira Lupu, Clerk
Janet Goetz, Treasurer
Marilyn L. Larson, Trustee
John R. Williams, Trustee
Rollo Juckette, Trustee
Gary Lazette, Trustee
Dundee Township Planning Commission
Arthur A. Bronson III, Chairman
David Sedlar, Secretary
John Williams, Member
Jeanette Brockman, Member
Charles Ruehs, Member
George Horkey, Member
Edwin Proctor, Member
Bob Madaski, Member
Building Inspector
Bob Madaski

				
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